Section 110H — Corporations Act 2001 (Cth)

(1) This section applies if:

(a) the sender is required or permitted to send a document to which this Division applies to the recipient in accordance with a provision of this Act (other than this Division); and

(b) an election under section 110E not to be sent documents is in force in relation to the document.

(2) For the purposes of the provision mentioned in paragraph (1)(a) of this section:

(a) the sender is taken to send the document, as required or permitted in accordance with that provision, at the later of:

(i) the time the recipient’s election mentioned in paragraph (1)(b) came into force; and

(ii) the earliest time at which the sender could have sent the document in accordance with the provision mentioned in paragraph (1)(a); and

(b) the recipient is taken to receive the document when it is taken to be sent under paragraph (a) of this subsection.

Related sections

• s 110E — Election to be sent documents in physical form or electronic form, or not to be sent documents
• s 110F — Failure to comply with member’s election to be sent document in particular form
• s 110G — Failure to comply with member’s election not to be sent documents
• s 110J — Ad hoc requests to be sent documents in a particular form
• s 110JA — Sender does not need to send document if member uncontactable
• s 110K — Obligation to give notice of members’ rights

Research how courts apply s 110H

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.