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BP » Topics » Service of notices and documents

These excerpts taken from the BP 6-K filed May 22, 2008.

Service of notices and documents

148     (A)     Any notice or document (including a share certificate) may be served on or delivered to any member by the Company either personally or by sending it through the post in a prepaid cover (in such form as any Director or the Secretary may determine) addressed to such member at his registered address, or (if he has no registered address within the United Kingdom) to the postal address, if any, within the United Kingdom supplied by him to the Company as his address for the service of notices, or by delivering it to such address addressed as aforesaid. In the case of a member registered on a branch register any such notice or document may be posted either in the United Kingdom or in the territory in which such branch register is maintained.

(B)     Where a notice or other document is served or sent by post, service or delivery shall be deemed to be effected at the expiration of twenty-four hours (or, where second-class mail is employed, forty-eight hours) after the time when the cover containing the same is posted and in proving such service or delivery it shall be sufficient to prove that such cover was properly addressed, stamped and posted.

(C)     The Company is generally and unconditionally authorised to use electronic communications with its shareholders and in particular to send or supply documents or information to its shareholders by making them available on a website. Accordingly, the Company may, subject to the provisions of the Statutes, give or send to any members any notice or other document (excluding a share certificate) by electronic communication where:

(i)     the Company and that member have agreed to the use of electronic communication for sending copies of documents to the member and:

(a)     the documents are documents to which the agreement applies; and

(b)     copies of the documents are sent using electronic communication to such address (or to one of such addresses if more than one) as may for the time being be notified by the member to the Company for that purpose; or

(ii)     the Company and that member have agreed to that member having access to documents on a website (instead of the documents being sent to him) and:

(a)     the documents are documents to which the agreement applies; and

(b)     the text and images in the documents can be (as appropriate) read or seen using the naked eye; and

(c)     the member is notified in a manner for the time being agreed for the purpose between the member and the Company of:

(1)     the presence of the documents on a website;

(2)     the address of that website;

(3)     the place on that website where the documents may be accessed and how they may be accessed; and

(4)     the period of time for which the documents will be available on the website, which must be the period specified in any applicable provision of the Companies Acts or, if there is no such period specified, for a period of not less than twenty-eight days from the date of notification or, if later, until the conclusion of any general meeting to which the documents relate; and

(d)     the documents are published on that website throughout the period referred to in sub-paragraph (ii)(c)(4) above, provided that, if the documents are published on that website for a part but not all of such period, the documents will be treated as published throughout that period if the failure to publish those documents throughout that period is wholly attributable to circumstances which it would not be reasonable to have expected the Company to prevent or avoid.

(D)     A member of the Company which is itself a company shall be deemed to have agreed that the Company may send a notice or other document in accordance with paragraph (C)(i) above if that member is deemed by a provision in the Companies Acts to have agreed that the notice or document may be so sent.

(E)     Where a notice or other document is given or sent by electronic communication, it shall be deemed to have been given or sent at the expiration of two hours from the time it was sent to an address supplied by the member or of notification to the member of its publication on a website. Proof that a notice or other document given or sent by electronic communication was given or sent in accordance with current guidance issued by the Institute of Chartered Secretaries and Administrators shall be conclusive evidence that the notice or document was sent or given.

Service
of notices and documents


148     (A)     Any
notice or document (including a share certificate) may be served on or delivered to any member by the Company either personally or by
sending it through the post in a prepaid cover (in such form as any Director or the Secretary may determine) addressed to such member
at his registered address, or (if he has no registered address within the United Kingdom) to the postal address, if any, within the
United Kingdom supplied by him to the Company as his address for the service of notices, or by delivering it to such address
addressed as aforesaid. In the case of a member registered on a branch register any such notice or document may be posted either in
the United Kingdom or in the territory in which such branch register is maintained.



(B)     Where
a notice or other document is served or sent by post, service or delivery shall be deemed to be effected at the expiration of
twenty-four hours (or, where second-class mail is employed, forty-eight hours) after the time when the cover containing the same is
posted and in proving such service or delivery it shall be sufficient to prove that such cover was properly addressed, stamped and
posted.



(C)     The
Company is generally and unconditionally authorised to use electronic communications with its shareholders and in particular to send
or supply documents or information to its shareholders by making them available on a website. Accordingly, the Company may, subject
to the provisions of the Statutes, give or send to any members any notice or other document (excluding a share certificate) by
electronic communication where:



(i)     the
Company and that member have agreed to the use of electronic communication for sending copies of documents to the member and:



(a)     the
documents are documents to which the agreement applies; and



(b)     copies
of the documents are sent using electronic communication to such address (or to one of such addresses if more than one) as may for
the time being be notified by the member to the Company for that purpose; or



(ii)     the
Company and that member have agreed to that member having access to documents on a website (instead of the documents being sent to
him) and:



(a)     the
documents are documents to which the agreement applies; and



(b)     the
text and images in the documents can be (as appropriate) read or seen using the naked eye; and



(c)     the
member is notified in a manner for the time being agreed for the purpose between the member and the Company of:





(1)     the
presence of the documents on a website;



(2)     the
address of that website;



(3)     the
place on that website where the documents may be accessed and how they may be accessed; and



(4)     the
period of time for which the documents will be available on the website, which must be the period specified in any applicable
provision of the Companies Acts or, if there is no such period specified, for a period of not less than twenty-eight days from the
date of notification or, if later, until the conclusion of any general meeting to which the documents relate; and



(d)     the
documents are published on that website throughout the period referred to in sub-paragraph (ii)(c)(4) above, provided that, if the
documents are published on that website for a part but not all of such period, the documents will be treated as published throughout
that period if the failure to publish those documents throughout that period is wholly attributable to circumstances which it would
not be reasonable to have expected the Company to prevent or avoid.



(D)     A
member of the Company which is itself a company shall be deemed to have agreed that the Company may send a notice or other document
in accordance with paragraph (C)(i) above if that member is deemed by a provision in the Companies Acts to have agreed that the
notice or document may be so sent.



(E)     Where
a notice or other document is given or sent by electronic communication, it shall be deemed to have been given or sent at the
expiration of two hours from the time it was sent to an address supplied by the member or of notification to the member of its
publication on a website. Proof that a notice or other document given or sent by electronic communication was given or sent in
accordance with current guidance issued by the Institute of Chartered Secretaries and Administrators shall be conclusive evidence
that the notice or document was sent or given.



EXCERPTS ON THIS PAGE:

6-K (2 sections)
May 22, 2008

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