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Indirect Investors

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What does part of 9 of the Companies Act 2006 do?

Part 9 of the Companies Act 2006 (Exercise of members’ rights) gives registered members the right to (a) nominate indirect investors to enjoy information rights direct from the company; and (b) make it easier for registered members to pass on to or exercise on behalf of indirect investors voting and other governance rights in the company.

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Does there have two be two different mailings for members and nominated persons?

No. The company can send the same mailing to both.

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Can nominated persons enforce rights against the company?

No, only the member can enforce rights conferred by a nomination against the company.

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Will the company’s list of nominated persons be a statutory register subject to the same regime as the register of members in terms of public access?

No.

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