Service of documents
📚 Law Minded summary
How you deliver a document to a company so that it counts in law.
Anything sent to the company or one of its officers goes to the registered office — by registered post, speed post, courier, by hand, or electronically in the prescribed way.
Documents for a member go to the address on the register, and a member can ask for delivery by a particular method if they pay for it. Getting service wrong is a common way for a case to stall, which is why the Act spells it out.
(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 o f 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 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 by registered post or by speed post or by courier or by deliveri ng 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.
All sections in Chapter II — Incorporation of Company and Matters Incidental Thereto