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Company Law Reform Bill [HL]

We understand the concerns about the requirement for companies to send information that is in electronic form in a manner that is in accordance with normal commercial practice. As we touched on earlier, Amendment No. A208A inserts a new clause after Clause 753 on the requirement for authentication. The new clause provides that if the company has not specified the manner in which it should be sent, where the sender has stated his identity, and the company has no reason to doubt his identity, that is sufficient authentication for documents or information sent in electronic form. The provision operates as a default; that is, the company can specify, including by setting out in its articles, the manner by which information in electronic form must be authenticated. The new default means that there is no need to confer a power on the Secretary of State to make guidance on these matters; it is covered. I hope that noble Lord will withdraw the amendment.