Service of documents :

Section 20 of the Companies Act, 2013, provides the mode in which documents may be served on the company, on the members and also on the registrars.

Law with respect to the service of documents is as follows-

(1) Serving of document to company: 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

♦ speed post, or

♦ courier service, or

♦ leaving it at its registered office, or

♦ means of such electronic or other mode as may be prescribed:

However 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) Serving of document to registrar or member: Save as provided in this Act or the rules made thereunder 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

♦ registered post, or

♦ speed post, or

♦ courier, or

♦ by delivering at his office or address, or

♦ by such electronic or other mode as may be prescribed:

However, 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.

The term, “electronic transmission” means a communication that creates a record that is capable of retention, retrieval (recovery) and review, and which may thereafter be rendered into clearly legible tangible form. It may be made by-

♦ facsimile(duplicate) telecommunication or electronic mail, which the company or the officer has provided from time to time for sending communications,

♦ posting of an electronic message board or network that the company or the officer has designated for such communications, or

♦ 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 contending to send the transmission

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. [The Companies (Incorporation) Rules, 2014]

Authentication of documents, proceedings and contracts

As per section 21 of the Companies Act, 2013, a document or proceeding requiring authentication by a company or contracts made by or on behalf of a company may be signed by –

(i) any key managerial personnel, or

(ii) an officer of the company duly authorised by the Board in this behalf.