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Postal Ballot query

sakshi (CS) (261 Points)

05 May 2011

Ours is a listed Company and is going for Postal Ballot.

My query is:

As the notice and other postal ballot papers have to reach the shareholders, so can we post them through ordinary post or is it mandatory to post such papers by registered post only??

Regards

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7 Replies

Bijoy N.Momaya (www.RupeeResearch.com (Eqty Advisory & Stock Broker)) (477 Points)
Replied 05 May 2011

Hello,

You can send the Postal Ballot forms in ordinary post or an inland letter. There is no any compulsion for sending intimation through registered post.

Thanks & Regards.

Bijoy Momaya

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sakshi (CS) (261 Points)
Replied 05 May 2011

But the Companies (Passing of Resolution by Postal Ballot) Rules, 2001 says that the notices should be sent by only

a) Registered Post acknoweldgement due or

b) Certificate of Postaing (which has been discontinued by the Postal Department from 23.02.2011 onwards).

Kindly suggest.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 05 May 2011

Companies (Passing of the Resolution by Postal Ballot) Rules, 2001 specified the manner of sending notice as under:-

The Company may issue notices either-

(a) (i) Under Registered Post Acknowledgement Due; or

(ii) Under Certificate of Posting; and

(b) with in advertisement published in a leading english newspaper and in one vernacular newspaper ciruclating in the state in which the registered office of the company is situated, about having despatched the ballot papers.

Shailesh Goyal (Company Secretary) (22 Points)
Replied 08 May 2011

I am also facing the same problem as i have not able to get any satisfactory reply from anywhere. Sending Notice through Registered post acknowledgement due involves burden of high expenses on the part of the company.

Can we say that as Companies (Passing of the Resolution by Postal Ballot ) Rules, 2001 uses the word "May" in manner of sending notice, so its not mandatory on the part of company to adopt only those mode of communication. rather it sould comply the provision of Section 53 of Companies Act, 1956 which speaks about sending notice by ordinary post.

Kindly advise..

Jyotika (study study n study) (147 Points)
Replied 09 May 2011

Circular date 2nd May, 2011 of Minsitry of corporate affairs allows electronic voting by postal ballot, hence notice via email shall also be valid, please go through this circular this will be relevant.

Circular No. 21/2011

Thanks

Csjyotika

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Shailesh Goyal (Company Secretary) (22 Points)
Replied 09 May 2011

We are aware about that notification. But since sending notice through e-mail is not possible so we can't go through that route.. we have to send physical copies of notice only ..

so now what route of sending notice is available with us...