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20 Service of documents.

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CHAPTER II

Section 20 of Companies Act 2013

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:

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:

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.

Click here to see Relevant Rules.

EXEMPTIONS

Section 20(2) shall apply to a Nidhi Company, subject to the modification that in the case of a Nidhi, the document may be served only on members who whold shares of more than one thousand rupees in face value or more than one percent. 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 the publication of the same on the Notice board of the Nidhi vide Notification No. 465(E) dated 5th June, 2015.

Short Notes:

  • This section came into force from April 1, 2014.
  • It seeks to provide for the mode in which the documents may be served on the company, on the members and also on the Registrars.
  • The modes of service of documents are by registered post, speed post, courier service, hand delivery or electronic mode in case the documents are to be delivered to a Company or its officer at the registered office of the Company.
  • In case the document is to be served to a Registrar of Companies or to a member, it can be delivered by ordinary post or by any of the above modes.
  • A member may request for delivery of documents to him/her through a particular mode on payment of fees to be determined by the Company at its AGM.

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