Why did some shareholders claim they did not receive the notice for the shareholders' meeting?

回答於 : 2024-07-12

參考資料

I Am a Shareholder and My Requests Are Being Ignored

helix-law.co.uk

Question 4 – July 2018

ble.texas.gov

GUIDANCE NOTE ON GENERAL MEETINGS - ICSI

icsi.edu

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答案

完善答案

There can be a variety of reasons why some shareholders might claim they did not receive notice for the shareholders' meeting. Below are the main potential reasons:

1. **Accidental Failure to Send Notice**:

- Even when a company makes an effort to send out notices to all eligible shareholders, there can be accidental oversights. Such an accidental failure does not necessarily invalidate the meeting's proceedings, but it can cause confusion and claims of non-receipt[5].

2. **Incorrect or Outdated Contact Information**:

- If the company has outdated or incorrect contact information for shareholders, the notices might be sent to wrong addresses or emails, causing shareholders to miss them[5].

3. **Not Registered on Record Date**:

- Shareholders who were not registered on the company’s records or its transfer agent’s records on the determined record date may not receive the notice. This might happen if shares were recently transferred or if the registrations were not updated[4].

4. **Distributing Corporation Exception**:

- In some cases, particularly for non-distributing corporations, the notice period may be shorter than usual as specified in the company's articles or by-laws. This can lead to confusion and complaints of not receiving adequate notice[4].

5. **Electronic Notice Issues**:

- Notices can be delivered electronically where shareholders have consented to this method. Problems with email systems, spam filters, or shareholders not checking their emails can result in claims of non-receipt[5].

6. **Internal Company Disputes**:

- In scenarios where there are disputes within the company, such as disagreements about who is authorized to convene meetings, there can be intentional or unintentional failures to properly notify certain shareholders[9].

Addressing these issues typically involves ensuring meticulous record-keeping, updating contact information, and possibly delivering notices through multiple channels to ensure receipt.