Service of documents
A document may be served on a company or an officer of such company by sending it to the company or the officer at the registered office of the company
(a) by registered post or
(b) by speed post or
(c) by courier service or
(d) by leaving it at its registered office or
(e) by means of such electronic or
(f) other mode as may be prescribed.
The provisions regarding service of documents are contained in Section 20 of the Companies Act, 2013 and Rule 35 of the Companies (Incorporation) Rules, 2014.
Section 20 states 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.
Service of documents on Registrar or member
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.
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.
For the purposes of this section, the term “courier” means a person or agency which delivers the document and provides proof of its delivery.
Delivery by Post –
In case of delivery by post, such service shall be deemed to have been effected-
(i) in the case of a notice of a meeting, at the expiration of forty eight hours after the letter containing the same is posted; and
(ii) in any other case, at the time at which the letter would be delivered in the ordinary course of post.
Delivery through Electronic Transmission
According to Rule 35 of the Companies (Incorporation) Rules, 2014,
(i) A document may be served on a company or an officer thereof through electronic transmission; and
(ii) A document may be served on the Registrar or any member through electronic transmission.
Meaning of Electronic Transmission –
The term, “electronic transmission” means a communication–
(a) delivered by –
(i) facsimile telecommunication or electronic mail when directed to the facsimile number or electronic mail address, respectively, which the company or the officer has provided from time to time for sending communications to the company or the officer respectively;
(ii) posting of an electronic message board or network that the company or the officer has designated for such communications, and
which transmission shall be validly delivered upon the posting; or
(iii) other means of electronic communication,
in respect of which the company or the officer has put in place reasonable systems to verify that the sender is the person purporting to send the transmission; and
(b) that creates a record that is capable of retention, retrieval and review, and which may thereafter be rendered into clearly legible tangible form.
Service of documents
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