Header Ads Widget

Ticker

6/recent/ticker-posts

Service of Documents on a company

A document could also be served on a corporation or a politician thereof by sending it to the corporate or the officer at the registered office of the corporate by registered mail or by speed post or by courier service or by leaving it at its registered office or by means of such electronic or other mode.

(1) A document could also be served on a corporation or a politician thereof through electronic transmission.

(2) For the needs of sub-rule (1), the term, “electronic transmission” means a communication

(A) delivered by –

(i) facsimile telecommunication or any electronic message when directed to facsimile number or any electronic message, respectively, which the corporate or the officer has provided from time to time for sending communications to the corporate or the officer respectively;

(ii) posting of electronics mail board or  any network that corporate or officer has designated for any such communications, which transmission shall validly delivered upon posting; or

(iii) other means of transmission , in respect of which the corporate or the officer has put in situ reasonable systems to verify that the sender is that the person purporting to send the transmission; and

(B) that makes a record that's capable of retention, retrieval and review, and which can thereafter be rendered into clearly legible tangible form.

(3) A document could also be served on the Registrar or any member through electronic transmission.

(4) For the needs of sub-rule (3), the term, “electronic transmission” means a communication

(A) delivered by –

(i) other means of transmission , in respect of which the Registrar or the member has put in situ reasonable systems to verify that the sender is that the person purporting to send the transmission, and

(B) that makes a record that's capable of retention, retrieval and review, and which can thereafter be rendered into clearly legible tangible form.

(5) For need of sub-section 1 and 2 of section 20, ‘‘courier’’ means the document that sent through the courier and which provides proof of delivery.

(6) just in case of delivery by post, such service shall be deemed to possess been effected- (i) within the case of a notice of a gathering , at the expiration of forty eight hours after the letter containing an equivalent is posted; and (ii) in the other case, at the time at which the letter would be delivered within the ordinary course of post.

Provided that where securities are held with a depository, the records of the beneficial ownership could also be served by such depository on the corporate by means of electronic or other mode.

Save as provided during this Act or the principles made there under for filing of documents with the Registrar in electronic mode, a document could also be served on Registrar or any member by sending it to him by post or by registered mail or by speed post or by courier or by delivering at his office or address, or by such electronic or other mode.

Provided that a member may request for delivery of any document through a specific mode, that he shall pay such fees as could also be determined by the corporate in its annual general meeting.

Explanation.
For the needs of this section, the term “courier” means an individual or agency which delivers the document and provides proof of its delivery.

In case of Nidhi Company   Sub-section (2) of Section 20 shall apply subject to the modification that within the case of a Nidhi, the document could also be served only on members who hold shares of quite one thousand rupees in face value or quite one per cent, of the entire paid-up share capital of the Nidhis whichever is a smaller amount .

Disclaimer: the whole contents of this document are prepared on the idea of relevant and as per the knowledge existing at the time of the preparation. Although care has been taken to make sure the accuracy, completeness and reliability of the knowledge provided, I assume no responsibility therefore. Users of this information are expected to ask the relevant existing provisions of applicable Laws. 

Post a comment

0 Comments