Companies Act Section 20 — Service of documents

CHAPTER II INCORPORATION OF COMPANY AND MATTERS INCIDENTAL THERETO

Commercial / Corporate

Summary

Sub-section (1) explains the ways a document can be legally delivered to a company or one of its officers. It can be sent to the company's registered office by registered post, speed post, courier service, or by physically leaving it at that office. It can also be sent through any electronic or other method that may be prescribed by the rules. There is a special provision that if shares are held with a depository, the depository can serve records of beneficial ownership on the company through electronic or other prescribed means.

Sub-section (2) covers how a document can be served on the Registrar or on any member of the company. Unless the Act or its rules specifically require documents to be filed with the Registrar in electronic mode, a document can be sent to the Registrar or a member by post, registered post, speed post, courier, or by delivering it at their office or address. It can also be sent through any electronic or other mode that may be prescribed. Additionally, a member has the right to ask that documents be delivered through a particular mode, but the member must pay fees for this, and the amount of those fees is decided by the company at its annual general meeting.

The explanation at the end clarifies that the term "courier" refers to a person or agency that delivers the document and also provides proof that the delivery was made.

Official Text

(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 of 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 delivering 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.