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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.

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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