The Articles of Association of Regular Ltd. provides that documents may be served upon the company only through registered post. Ram dispatches a document to the company by courier service. The company does not accept it
CS Executive · Company Law · PYQS · June 2022
The Articles of Association of Regular Ltd. provides that documents may be served upon the company only through registered post. Ram dispatches a document to the company by courier service. The company does not accept it on the ground that it is in violation of the Articles of Association. Examine with reference to the provisions of the Companies Act, 2013 whether refusal of receipt of document by the company is valid ?
Answer & Explanation:
A document can be served on company or its officer thereof by sending it to the company or the officer at its registered office by registered post or by speed post or by courier service or by delivering at his office or address, or by such electronic or other mode as may be prescribed - section 20 of the Companies Act, 2013. Here, "courier" means a document sent through a courier which provides proof of delivery - Rule 35 of the Companies (Incorporation) Rules, 2014. Further, communication to company and officer can be made by electronic transmission. Electronic transmission means communication delivered by fax, email or by other means of electronic communication. Considering the above provisions, service of document by Ram by way of courier service to company is valid service of document within the meaning of the Companies Act, 2013. Contention of the company is not valid. Articles of association cannot supersede provisions of the Companies Act, 2013.
Topics: Company Administration
Related Questions in this Topic
- In the light of provisions of relevant Secretarial Standard state if the minute book can be in the custody of a senior o...
- Write a brief note on revenue sharing models for a Mega Firm.
- CS Nitesh, a Company Secretary in practice gave an advertisement for staff for his office in newspaper as follows - "A r...
- Jupiter Ltd. appointed Ashok as an Independent director for a term of three years. Upon completion of his first term, he...
- Metal Ltd. created a mortgage over its heavy machineries in respect of a loan given by the sister of Krish, a director o...