Modest Limited, a listed company with more than 5000 shareholders, wants to send the notice of the ensuing Annual General Meeting to all its shareholders by e-mail. Advise the Company on the compliance points to be addre

CS Professional · Advanced Company Law and Practice · PYQS · June 2019
Modest Limited, a listed company with more than 5000 shareholders, wants to send the notice of the ensuing Annual General Meeting to all its shareholders by e-mail. Advise the Company on the compliance points to be addressed in this regard.

Answer & Explanation:

According to Rule 18 of the Companies (Management and Administration) Rules, 2014 the following are the conditions to be complied with when Modest Ltd wants to send the notice of the ensuing AGM to all its shareholders by email- a. The email shall be addressed to the person entitled to receive such email as per the records of the company as provided by the depository. b. The company shall provide an advance opportunity at least once in a financial year, to the member to register his email address and changes therein and such request may be made by only those members who have not got their email id recorded or to update a fresh email id and not from the members whose email ids are already registered. c. The subject line in email shall state the name of the company, notice of the type of meeting, place and date on which the meeting is scheduled. d. The company should ensure that it uses a system which produces confirmation of the total number of recipients emailed and a record of each recipient to whom the notice has been sent as well as failed transmissions and subsequent resending shall be retained by the company as proof of sending. e. If a member entitled to receive notice fails to provide or update relevant email address to the company or the depository participant, the company shall not be in default for not delivering the notice. f. The notice shall be simultaneously placed on the website of the company and on the website as may be notified by the Central Government. g. The company may send the email through in house facility or it's registrar and transfer agent or authorize any third party agency providing bulk email facility.

Topics: Company Law

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