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Notice by email

Vivek (CS) (37 Points)

08 July 2010

Dear Friends,

My question is "Can notice for AGM can be sent through email to all the shareholders?" Company being a Pvt Ltd Closely held company.

Please ans..

Vivek

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12 Replies

Arti (Jr Manager) (123 Points)
Replied 08 July 2010

No, it is not proper service of notice to members.

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Deepak Maharishi (CS) (514 Points)
Replied 08 July 2010

Please read section 53 which states that the service of notice can be done either by personally or by post.

Nitin Grover (CS) (1228 Points)
Replied 08 July 2010

Originally posted by : Deepak Maharishi
	Please read section 53 which states that the service of notice can be done either by personally or by post.

its not applicable till now no company do this. In coming Bill it can be done.

in present you can give request to company for sending mail also.

Regards

Shruti Chawla (CS) (258 Points)
Replied 08 July 2010

Nopes it cannot be done.

(Guest)

Originally posted by : Nitin Grover
	Originally posted by : Deepak Maharishi Please read section 53 which states that the service of notice can be done either by personally or by post. its not applicable till now no company do this. In coming Bill it can be done. in present you can give request to company for sending mail also. Regards

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vivek (CS) (751 Points)
Replied 08 July 2010

Section 172(2)(i) read with Section 53(1) to (4) :-

172(2) Notice of every meeting of the company shall be given—

(i) to every member of the company, in any manner authorised by subsections

(1) to (4) of section 53;

AND

53. Service of documents on members by company.—(1) A document may

be served by a company on any member thereof either personally, or by sending

it by post to him to his registered address, or if he has no registered address in

India, to the address, if any, within India supplied by him to the company for the

giving of notices to him.

(2) Where a document is sent by post,—

(a) service thereof shall be deemed to be effected by properly addressing,

prepaying and posting a letter containing the document, provided that

where a member has intimated to the company in advance that

documents should be sent to him under a certificate of posting or by

registered post with or without acknowledgement due and has deposited

with the company a sum sufficient to defray the expenses of doing so,

service of the document shall not be deemed to be effected unless it is

sent in the manner intimated by the member; and

(b) 1[* * *] 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.

(3) A document advertised in a newspaper circulating in the neighbourhood

of the registered office of the company shall be deemed to be duly served on the

day on which the advertisement appears, on every member of the company who

has no registered address in India and has not supplied to the company an address

within India for the giving of notices to him.

(4) A document may be served by the company on the joint-holders of a

share by serving it on the joint-holder named first in the register in respect of the

share.

RAKESH (Almost CA) (2199 Points)
Replied 08 July 2010

Originally posted by : vivek
	Section 172(2)(i) read with Section 53(1) to (4) :- 172(2) Notice of every meeting of the company shall be given— (i) to every member of the company, in any manner authorised by subsections (1) to (4) of section 53; AND 53. Service of documents on members by company.—(1) A document may be served by a company on any member thereof either personally, or by sending it by post to him to his registered address, or if he has no registered address in India, to the address, if any, within India supplied by him to the company for the giving of notices to him. (2) Where a document is sent by post,— (a) service thereof shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document, provided that where a member has intimated to the company in advance that documents should be sent to him under a certificate of posting or by registered post with or without acknowledgement due and has deposited with the company a sum sufficient to defray the expenses of doing so, service of the document shall not be deemed to be effected unless it is sent in the manner intimated by the member; and (b) 1[* * *] 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. (3) A document advertised in a newspaper circulating in the neighbourhood of the registered office of the company shall be deemed to be duly served on the day on which the advertisement appears, on every member of the company who has no registered address in India and has not supplied to the company an address within India for the giving of notices to him. (4) A document may be served by the company on the joint-holders of a share by serving it on the joint-holder named first in the register in respect of the share.