Agro Food Ltd. is a listed company under Companies Act, 2013. Sumit is a shareholder of the company who holds 101 shares of ₹100 each. The email id of Sumit is not registered with the company but registered with the depo

CS Executive · Company Law · PYQS · December 2023
Agro Food Ltd. is a listed company under Companies Act, 2013. Sumit is a shareholder of the company who holds 101 shares of ₹100 each. The email id of Sumit is not registered with the company but registered with the depository of the company. Company held its annual general meeting on 15 th September, 2023 as per the provisions of the Companies Act, 2013. The company sent a soft copy of annual report on 20 th September, 2023, through email to all its shareholders whose email id are registered with the company excluding Sumit on the contention that email id of Sumit is not registered with the company. Examine the contention of the company with respect to the manner of sending annual report to the shareholders referring to the provisions of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015.

Answer & Explanation:

According the Regulation 36 of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 [SEBI (LODR) Regulations], the listed company shall send the annual report in the following manner to the shareholders: Soft copies of full annual report to all those shareholders(s) who have registered their registered their email address(es) either with the listed company or with any depository; Hard copy of the statement containing the silent features of all the documents, as prescribed in the Section 136 of Companies Act, 2013 or rules made thereunder to those shareholders(s) who have not so registered; Hard copies of full annual reports to those shareholders, who request for the same. The listed entity shall send annual report to the holders of securities, not less than twenty- one days before the annual general meeting. Agro Food Ltd., sent annual report after annual general meeting concluded while it is required to be sent not less than 21 days before the annual general meeting i.e., on or before 24 th August, 2023. Further, company did not send annual report to Sumit, while it is required to be sent to all shareholders whose email id is registered with the company or its depository. Thus, in the given case, the contention of Agro Food Ltd., is not correct and it has not complied with the above Regulation 36 of SEBI (LODR) Regulations.

Topics: SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015

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