Service of documents

(1)

A document may be served on a company or an officer thereof by sending it to the company or the officer at the registered office of the company by registered post 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 as may be prescribed:

Proviso

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

(2)

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

Proviso

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

Explanation

For the purposes of this section, the term “courier” means a person or agency which delivers the document and provides proof of its delivery.

Notes, amendments & references (2)

Refer rule 35 of the Companies (Incorporation) Rules, 2014. To view the rule, Click Here

For Nidhi Companies, section 20(2) shall apply subject to the modification that in the case of a Nidhi, the document may be served only on members who hold shares of more than one thousand rupees in face value or more than one per cent. of the total paid-up share capital of the Nidhis whichever is less. For other shareholders, document may be served by a public notice in newspaper circulated in the district where the Registered Office of the Nidhi is situated; and publication of the same on the notice board of the Nidhi vide notification no. G.S.R.465(E) dated 05 June, 2015. To view the notification, Click Here