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Service Of Notice & Any Other Document ‘ON’ & ‘BY’ a Company

  • March 21, 2024
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Section 20 of the Companies Act 2013 details how notice & any other documents are to be served ‘on’ and ‘by’ a company. 

(A) SERVICE OF NOTICE & ANY OTHER DOCUMENTS ‘ON’ A COMPANY. 

The section 20 (1) of the Companies Act 2013 says : 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.

As per Section 2 (36) of the companies Act 2013 “document” includes summons, notice, requisition, order, declaration, form and register, whether issued, sent or kept in pursuance of this Act or under any other law for the time being in force or otherwise, maintained on paper or in electronic form.

So, summons, notice, requisition etc can be served on a company by sending it to the company or the officer at the registered office of the company by:

(i)         registered post

(ii)        speed post

(iii)       courier service

(iv)       by leaving it at its registered office  ie by ordinary post , hand delivery etc &

(v)        electronic transmission.

Electronic transmission – as per Rule 35 of the Companies (Incorporation) Rules, 2014- 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.

(B) SERVICE OF NOTICE & ANY OTHER DOCUMENTS ‘BY’ A COMPANY

The section 20 (2) of the Companies Act 2013 says :  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 .

So the modes of service of documents by a company  on the Registrar of Companies and any member of the company are:

(i)         post

(ii)       registered post

(iii)       speed post

(iv)       courier

(v)        by delivering at his office or address – ie by hand

(vi)       by such electronic mode .

 

Where any of the provisions  of the Companies Act require filing of documents with the Registrar of Companies / MCA in electronic mode, it has to be done so.

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

In the case of a Nidhi Company, 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.

Section 20 of the Companies Act 2013 is a general law how notice & any other documents are to be served ‘on’ and ‘by’ a company.  Where any other provision require any other mode of  service of document , requirement of that particular provision has to be adhered to.