For the purposes of e-voting, Oriental Ltd has appointed you, a practicing Company Secretary as its scrutinizer. What will be your duties in the process of e-voting and its successful completion?
CS Executive · Company Law · PYQS · December 2021
For the purposes of e-voting, Oriental Ltd has appointed you, a practicing Company Secretary as its scrutinizer. What will be your duties in the process of e-voting and its successful completion?
Answer & Explanation:
In general, scrutinizer means an examiner, inspector or an investigator who observe carefully the whole process of voting on behalf of company in an independent manner. He is responsible for monitoring the entire process of e-voting. The provisions of Section 108 of the Companies Act, 2013 read with Rule 20 of the Companies (Management & Administration) Rules, 2014 states the role of Company Secretary as scrutinizer in e-voting). Functions of Scrutinizer: 1. In case of E-voting (a) He ensures that the person who votes once does not repeat it again at the general meeting. For this, he keeps the following records of the people who are going to vote: 1. Names 2. Folios 3. Number of shares held 4. Other relevant information (b) He may take the help of people who have the necessary information (but not in employment). (c) He must unblock the votes and make the scrutinizer's report within 3 days of the conclusion of e-voting period (in presence of at least 2 witnesses not in employment. (d) He maintains a register mostly electronically to record the following details: 1. The particulars of name 2. Address 3. Folio number 4. The ID number of members 5. Shares (No.) held by the members casting votes 6. The nominal value of shares (e) He maintains the various records in safe custody until it is signed and authorized by the Chairman. Once the chairman signs it, he hands over the documents to the company. DUTIES OF SCRUTINIZER ALLOW ELIGIBLE MEMBERS TO VOTE The Scrutinizer should make sure that only members who are eligible to vote as on cut-off date shall cast their vote. 'cut-off date' means a date not earlier than seven days before the date of general meeting for determining the eligibility to vote by electronic means or in the general meeting. ASSIST CHAIRMAN The scrutinizer shall assist the chairman of the AGM/GM, to conduct voting by ballot paper/electronically at the AGMGM/. SECRECY OF VOTES The assent or dissent of members shall remain secret to the Chairman/Scrutinizer till the votes are cast at the AGM/GM. POST VOTING COMPLIANCES After the conclusion of voting process at the AGM, the Scrutinizer shall: Count the votes cast at the AGM/GM. Count the votes cast through remote e-voting process, (in the presence of 2 witness who are not in employment of the Company'). MAINTAINING REGISTERS Make a consolidated Scrutinizer's Report within 3 days and send it to the Chairman for his counter signatures. Maintain register manually or electronically regarding the assent or dissent of the members and their: Name. Address, Folio no./ client ID, and No. of shares held. SAFE CUSTODY The Scrutinizer should keep the safe custody of all the registers and papers and return the same to the Company only when the Chairman approves and sign the minutes.
Topics: General Meetings
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