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Cyber-attack warranties from Registrars

3rd October 2016 1 Comment

A FTSE250 Company Secretary & General Counsel writes...

“Has anyone been successful in gaining a warranty against a successful cyber-attack in an Agreement for Registrar Services?”

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Comments

  1. FTSE SMALL CAP said

    7th October 2016 at 1:07 pm

    No, but we have not sought such a warranty. Given the limitations and exclusions of liability in a typical agreement for registrar services I doubt whether a registrar would concede this point, arguing that they will take reasonable steps to prevent against a cyber attack but cannot guarantee it will not happen.

    I would be interested to see what other posts there are on this topic, given that my company’s registrar has recently failed to provide fundamental registrar services (i.e. on one occasion the register was simply wrong – it omitted certain shareholders entirely – and on another occasion the registrar failed to record the issuance of shares to a new member). In both cases the registrar apologised and said (unspecified) “systems failures” were the cause, and in one case agreed to a reduction in fees to reflect the poor service.

    I am probably less concerned about a cyber-attack and more concerned about a registrar failing in the basic responsibilities of maintaining an accurate register and recording on the register the issuance of new shares.

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