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Copenhagen Stock Exchange: Focus: The Listed Companies And The Electronic Communication

Date 09/09/2003

In April this year, the Danish parliament adopted an amendment to the Danish Companies Act, which brings the practical stock exchange legislation in line with the information technological development. In Focus no. 62, Associate Professor in Capital Market Law, Jesper Lau Hansen, University of Copenhagen, describes the amendment and its bearing on listed companies and shareholders focusing on general meetings.

It has long been agreed that shareholders should have the possibility of participating more actively in the company and the general meeting in particular - participation in general meetings is often considered cumbersome and expensive. IT has made it possible to hold general meetings electronically, meaning that the shareholders can participate virtually via the Internet. The author describes the amendment's distinction between electronic communication as an alternative and a supplement to the traditional communication. Supplement means that a listed company may agree with the individual investor to communicate electronically, e.g. via e-mail, a website or through participation in a general meeting on the Internet. Many listed companies practise this already. However, if a company wants to replace traditional communication with electronic communication as an alternative, e.g. if a general meeting is held entirely electronically without personal participation, a majority for passing proposed amendments to the Articles is required and also that at least 25 per cent of the voting shares do not vote against. Jesper Lau Hansen hopes that the established framework will increase the shareholders' involvement in the company as it will benefit not only the shareholders but also the company and society in general.

To read the article "The listed companies and the electronic communication" in Focus no. 62 click here.