SERVICE OF DOCUMENTS

Section 20 of the Companies Act 2013 discussed earlier here make provision for service of documents for the purpose of this Act.

Service of documents on company

A document may be served on a company or its officer 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.

Rule 35(1) of the companies (Incorporation) Rules 2014 add that a document may be served on a company or an officer thereof through electronic transmission. For this purposes, the term, “electronic transmission” means a communication–

• delivered by –

1. 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;
2. 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
3. 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
   • that creates a record that is capable of retention, retrieval and review, and which may thereafter be rendered into clearly legible tangible form.

A depository may serve the record of the beneficial ownership on the company by means of electronic or other mode. Here term other mode include any mode prescribed or not, however subject to mutual agreement.

Service of documents on Registrar

A document may be served on Registered by sending it to him 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.

Service of documents on Member

A document may be served on a member by sending it to him 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. A member may request for delivery of any document through a particular mode on payment of predetermined fees.

Rule 35(3) of the companies (Incorporation) Rules 2014 add that a document may be served on the Registrar or any member through electronic transmission. For this purposes, the term, “electronic transmission” means a communication–

• delivered by –

1. 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;
2. 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
3. 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

that creates a record that is capable of retention, retrieval and review, and which may thereafter be rendered into clearly legible tangible form.

For the purposes of sub-section (1) and (2) of section 20, ‘‘courier’’ means a document sent through a courier which provides proof of delivery.

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.