Short title and Commencement. Please note that no physical ballot forms will be acceptable. A notice should be send to all the shareholders, along with a draft resolution explaining the reasons therefor and requesting them to send their assent or dissent in writing on a postal ballot. The Scrutinizer shall keep in his safe custody the postal ballot received back from shareholders. 1. a shareholder by postal or electronic mode. [Section 110(2)], Items of business which shall be passed only by postal ballot. Postal Ballot in accordance with the provisions contained therein. 2. 5. 3. All about Passing of resolution by Postal Ballot 1. Hence, postal ballot is an alternative means of voting on the proposed businesses. Companies Act, 1956. Change of  in objects,  for which a company has raised money from through prospectus and the money still unutilised. Definitions. If a resolution is assented to by the requisite majority of the shareholders by means of postal ballot including voting by electronic means, it shall be deemed to have been duly passed at a general meeting convened in that behalf. POSTAL BALLOT NOTICE (Pursuant to Section 192A of the Companies Act, 1956) NOTICE is hereby given pursuant to Section 192A of the Companies Act, 1956 ("the Act") read with the Companies (Passing of the Resolution by Postal Ballot) Rules, 2011, as amended from time to time, to transact the following special business by the Members of PI scrutinizer of the Postal Ballot will also be displayed at the registered office of your Company at 6-1- 85/10, Opp: Telephone Bhavan Saifabad, Hyderabad – 500 004, Telangana and communicated to the stock exchanges where your Company's shares are listed. Short title and commencement.- (1) These rules may be called the Companies (Passing of the Resolution by Postal Ballot) Rules, 2001. The results shall be declared by placing it on the website of the company. 4. read with the Companies (Passing of the Resolution by Postal Ballot) Rules, 2001, the consent / approval of the Members for the above purpose is required to be obtained by way of postal ballot. day, date, time and venue of declaration of results and the link of the website where such results will be displayed. As per the section, notwithstanding anything contained in this Act- a. Join our newsletter to stay updated on Taxation and Corporate Law. Hard copy of Postal Ballot Notice along with Postal Ballot Form and pre-paid business reply envelope will not be sent to the Members for this Postal Ballot and Members are required to communicate their assent or dissent only through the remote e-voting system. Alteration of the objects clause in  the memorandum of association of the Company. Rule 22(16) of the Companies (Management and Administration) Rules 2014. at least once in English language in an English newspaper having a nation wide circulation in that district, Specifying therein, inter alia, the following matters, namely:-. manner. conducting the postal ballot (physical and e-voting process) in a fair and transparent manner. All Rights Reserved, 1,20,000+ Professionals The notice shall be sent either (a) by Registered Post or speed post, or (b) through electronic means like registered e-mail id or (c) through courier service for facilitating the communication of the assent or dissent of the shareholder to the resolution within the said period of thirty days. In case of listed company, give intimation at least two working days in advance to the stock exchange about the Postal Ballot. 6. Taking the Board Approval for below mentioned items, identify the businesses to be transacted through postal ballot, approve the Notice of postal ballot incorporating proposed Resolution(s) and explanatory statement thereto, authorise the Company Secretary or where there is no Company Secretary, any Director of the company to conduct postal ballot process and sign and send the Notice along with other documents, appoint one scrutiniser for the postal ballot, appoint an Agency in respect of e-voting for the postal ballot. (2) They shall come into force on the date of their publication in the official gazette. A Report shall be submit by the Scrutinizer after last date of postal ballot but not later than 7 days. These provisions enable companies to transact any business through postal ballot/e-voting. Ballot Paper shall be in the safe custody of the Scrutinizer. Friday, October 26, 2018. TO CONSIDER, AND IF THOUGHT FIT, TO PASS THE FOLLOWING RESOLUTION AS A SPECIAL RESOLUTION: Published on: Jun 11, 2020 / Updated on: Dec 21, 2020. 18 October 2013 Postal voting describes the method of voting in an election whereby ballot papers are distributed or returned by post to electors, in contrast to electors voting in person at a polling station or electronically via an electronic voting system. Copyright © TaxGuru. √ The notice of the postal ballot shall be posted on the website of the company. (Passing of the Resolution by Postal Ballot) Rules, 2011, as amended (the “Postal Ballot Rules”), a listed company may propose any resolution to be passed through Postal Ballot in accordance with the provisions contained therein. (1) These rules may be called the Companies (passing of the resolution by postal ballot) Rules, 2011. Please drop in your details and we will get in touch with you shortly. Procedure - passing of resolution by postal ballot Dokmart is the one stop destination for your professional needs related to documents and formats. 1. Statement mentioning t that the business is to be transacted by postal ballot which includes E-Voting. 1. Postal Ballot is defined under section 2(65) means “voting by post or through any electronic mode”. Passing of Resolutions by postal ballot 16.1 Every company, except a company having less than or equal to two hundred Members, shall transact items of business as prescribed, only by means of postal ballot instead of transacting such business at a … (1) Where a company is required or decides to pass any resolution by way of postal ballot, it shall send a notice to all the shareholders, along with a draft resolution explaining the reasons therefor and requesting them to send their assent or dissent in writing on a postal ballot because postal ballot means voting by post or through electronic means within a period of thirty days from the date of dispatch of the notice. The Consent or dissent received after 30 days from the date of issue of notice shall be treated as if reply from the member has not been received. A Register shall be maintained by the scrutinizer   either in in E-Form or In physically to record the consent or dissent of the shareholders. 3. and requesting them to send their assent or dissent in writing on a postal ballot because postal ballot means voting by post or through electronic means within a period of 30 days  from the date of dispatch of the notice. 1. The following business shall be considered  only by means of voting through a postal ballot-, 1. Any item of business required to be transacted by means of Postal Ballot, may be transacted at a General Meeting by a Company which is required to provide the facility to members to vote by electronic means under section 108, in the manner provided in that section. If a resolution is assented to by the requisite majority of the shareholders by means of postal ballot, it shall be deemed to have been duly passed at a general meeting convened in that behalf. Companies (Passing of the Resolution by Postal Ballot) Rules, 2001. 3. who,  can conduct the postal ballot voting process in a fair and transparent manner. Notice of Postal Ballot pursuant to Section 110 of the Companies Act, 2013 To The Members, Notice is hereby given pursuant to Section 110 of the Companies Act, 2013 read with the Companies (Passing of the Resolution by Postal Ballot) Rules 2011) for seeking the approval of the Members as appended below by way of Postal Ballot. Every company, except a company having less than or equal to two hundred Members, shall transact items of business as prescribed, only by means of postal ballot instead of transacting such business at a General Meeting. As per (Passing of the Resolution by Postal Ballot) Rules, 2001 "Postal Ballot" as voting by shareholders by postal or electronic mode instead of voting personally by presenting for transacting businesses in a general meeting of the company. This notice is being sent to all members / beneficiaries whose names appear on the Register of Members / Record of Depositaries as on Cut-of-date i.e. Companies (Passing of the Resolution by Postal Ballot) Rules, 2001. (2) Where a company decides to pass any resolution by resorting to postal ballot, it shall send a notice to all the shareholders, along with a draft resolution explaining the reasons therefor, and requesting them to send their assent or dissent in writing on a postal ballot within a period of thirty days from the date of posting of the letter. a statement to the effect that the business is to be transacted by Postal Ballot which includes voting by electronic means, the date of completion of dispatch of notices, the date of commencement of voting (postal and e-voting), the date of end of voting (postal and e-voting), the statement that any Postal Ballot received from the member beyond the said date will not be valid and voting whether by post or by electronic means shall not be allowed beyond the said date, a statement to the effect that members, who have not received Postal Ballot forms may apply to the company and obtain a duplicate thereof, contact details of the person responsible to address the grievances connected with the voting by Postal Ballot including voting by electronic means. Dispatch of Notice along with Draft resolution. Voting by postal ballot means voting by ballot, by post or electronic means. This section has the overriding effect over anything contained under the Act, 1. PASSING OF RESOLUTION Maintained by V2Technosys.com, Taxguru Consultancy & Online Publication LLP, 509, Swapna Siddhi, Akurli Road, Near Railway Station, Kandivali (East), All about Passing of resolution by Postal Ballot, Companies (Management and Administration) Rules, 2014, Guidelines for issue of Units by an Unlisted Infrastructure Investment Trust (InvIT), SEBI (IFSC) Guidelines, 2015 Amendments- Analysis, Provisions of Companies Incorporated Outside India, Logic of Minimum Board Meetings In A Company, Provisions for Right Issue of Shares under the Companies Act 2013, NBFC Registration Process & Cost for Different Types of Entities, Private Limited Company Incorporation Procedure, Budget 2021 – Goodwill, no longer a depreciable asset [effective from April 1, 2021], SEBI Master Direction to get KYC updation to Legal Entities (LES), Competition Commission of India (CCI) – February – 2021 Updates, Refund under GST Regime Up To Date 12-03-2021 – Detailed Analysis, Prior Approval of RBI for Management Change of NBFCs, No bar on investigation by different officers independently investigating different matters without any overlapping, Conversion of Unlisted Public Company Into LLP, GST on printing of content provided by customer on PVC banners, Join Self-Learning Certification Courses on GST, Customs & Income Tax by Taxguru Edu, 16 Bullet Points on GST HSN Code Requirements wef 01.04.2021, FAQs on Submission of Online GST Registration Application, Mandatory to mention 4/6-digit HSN/SAC Code w.e.f. An advertisement shall be published at least-. Alteration of articles of association in relation to insertion or removal of provisions which, under section 2(68) of the Act. An Explanatory Statement pursuant to Section 173 (2) read with Section 192A of the Companies Act, 1956, is annexed hereto. In respect of such items of business as prescribed by Central Govt. SECRETARIAL STANDARD ON POSTAL BALLOT: 16. decide the cut-off date for reckoning Voting Rights and ascertaining those Members to whom the Notice and postal ballot forms shall be sent. (US absentee ballot) a system of voting in which people send their votes by mail: In a secret postal ballot, union members voted for strike action. Alteration of the objects clause of the Memorandum and in the case of the company in existence immediately before the commencement of the Act, alteration of the Main Objects of the Memorandum. 3. through electronic means like registered e-mail id or. Shall, in respect of such items of business to be transacted only by means of Postal Ballot stated in Annexure A. may, in respect of any item of business, other than ordinary business and any business in respect of which Directors or Auditors have a right to be heard at any meeting, transact by means of Postal Ballot. Rule 22 of the Companies (Management and Administration) Rules 2014. a. Postal Ballot definition was never given in the Companies Act, 1956 because the concept of Postal Ballot was introduced into the Companies Act, 1956 by the 2001 Amendment and postal ballot under the 1956 Act included only voting by postal ballot not by electronic mode. 2. Capital (2) Where a company decides to pass any resolution by resorting to postal ballot, it shall send a notice to all the shareholders, along with a draft resolution explaining the reasons therefor, and requesting them to send their assent or dissent in writing on a postal ballot within a period of thirty days from the date of posting of the letter. 1. 1. √ the statement that any postal ballot received from the member after  the said date will be void  and voting whether by post or by electronic means shall not be allowed after the said date; √ A statement to the effect that members, who have not received postal ballot forms may apply to the company and contact details of the person responsible to address the Complaints connected with the voting by postal ballot including voting by electronic means. Applications. Voting through postal ballot by Absentee Voters on Essential Service (AVES) By the Conduct of Elections (Amendment) Rules, 2019, ‘Absentee Voters’ have been given the facility of voting through postal ballot paper. In case of listed company, shall first disclose to stock exchange(s) (where shares are listed) about the Postal Ballot as soon as reasonably possible and not later than twenty four hours from the end of the Postal Ballot and update the same on the website of the company within 2 working days. (2) They shall come into force on the date of their publication in the official gazette. 5. 2. Procedure to be followed for conducting business through Postal Ballot. 2. PROJECT REPORT ON. NOTICE FOR PASSING OF RESOLUTION BY POSTAL BALLOT (Pursuant to Section 110 of the Companies Act, 2013 and Rules made thereunder) TO THE SHAREHOLDERS Bajaj Corp Limited Notice is hereby given pursuant to Section 110 of the Companies Act, 2013, read with Rule 22 of the Companies (Management and Administration) Rules, 2014 and other applicable provisions of the Companies Act, … It is of benefit to people who may not be able to attend a polling station in person, either – In exercise of the powers conferred by section 192A read with clauses (a) and (b) of sub-section (1) of section 642 of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules, in supercession of Companies (passing of the resolution by postal ballot… Please fill your details for download document. Copyright 2021 Lawrbit. Subscribe me for Weekly Regulatory Newsletter. $ [deleted by passing resolution by Postal Ballot on November, 7, 2018, modified in accordance with RBI's directions and effective from January 21, 2019 i.e., completion of 51% acquisition by LIC.] The instructions for remote e-voting are appended to this Postal Ballot Notice. Please refer to our, Procedure for Conducting Extraordinary General Meeting (EGM), Procedure for Variation in Rights attached to a Class of Shares, Procedure for Intimating Satisfaction of Charge (Beyond 300 Days), Procedure for Adjournment of Board Meeting, Procedure for Appointment of Company Secretary (KMP), Procedure for Sale of the Whole or Substantially the Whole of Undertaking of the Company, Procedure for Entrenchment of Articles in Articles of Association, Procedure for Conversion of Public Company into Private Company, Procedure for Transfer of Shares and Securities. Procedure for Passing of Resolution by Postal Ballot Send Notice along with Draft Resolution to the Shareholders [Rule 22 (1) and 22 (2) of the Companies (Management and... by Registered Post or speed post or through electronic means like registered e-mail id or through courier service … “Voting by postal ballot” has been defined in Secretarial Standard- 2 as voting by ballot, by post or by electronic means. 2. Accordingly, the proposed Resolutions and the Explanatory Statement thereof are being sent to you along with a Postal Ballot Form for your consideration. 4. rely on us for their weekly regulatory dose, By using this site you agree to our use of cookies. # [altered by passing special resolution by Postal Ballot on October 22, 2019.] In respect of such items of business as... 2. In order to submit a comment to this post, please write this code along with your comment: 664a00cf1da707ee77805c7343c922c9. April 1, 2021, Reinstate Audit Provisions Under GST Laws, 13 Suggestion to FM for Simplification of GST (Hindi & English), once in a Local newspaper in the principal local language of the district in which the registered office of the company is situated, and. The results will also be put on the Company's website i.e. Your consideration and approval by Postal Ballot is sought to the enclosed Resolution. Passing of Resolution by Postal Ballot. Where a company is required to pass any resolution by way of postal ballot, it shall Dispatch a notice to all the shareholders, 2. along with a draft resolution and explanatory statements therefore. Get ready to use professionally made quality documents including formats, drafts, procedures, policies, minutes, resolutions etc. 'www.csstechnergy.com'. The Board of directors shall appoint one scrutinizer, 2. who is not in employment of the company and. Ordinary Business shall not be transacted by means of a postal ballot. Pdf Link: Passing Of Resolution(S) By Postal Ballot/E-Voting -Issuance Of Bonus Shares 2018. Whether the shares have differential voting rights, if any. Source : BSE - www.bseindia.com. As Aviral gave a detailed answer already, the basic difference is that Postal Ballot is a for General meeting communications (passing of resolution by postal means instead of holding an actual meeting with the members physically present there) and the resolution by circulation is for the resolutions to be passed by the Board of Directors. 2. Members have the option to vote either by Postal Ballot or through e-voting. If a resolution is assented by the requisite majority i.e 75% of the shareholders by means of postal ballot it shall be deemed to have been passed at a General Meeting. Inter-corporate Investment loan Guarantee u/s 186. b. in respect of any item of business, other than ordinary business and any business in respect of which auditors or directors  have a right to be heard at any meeting, considered by means of postal ballot, in such manner as may be prescribed as may be prescribed under the rules , instead of transacting such business at a general meeting. Postal ballot means voting by post or through any electronic mode. through courier service for facilitating the communication of the assent or dissent of the shareholder to the resolution within the said period of thirty days. Postal Ballot Form, if sent by courier or by registered post or speed post at the expense of … and save your professional time and efforts. Notice shall specify the day, date, time and venue where the results of the voting by postal ballot will be announced and the link of the website where such results will be displayed. In Section 151 of the Act, Election of Director, 10. [Rule 22 (7)] 9. 1. Relevant Rules: Rule 22 of the Companies (Management and Administration) Rules, 2014. Issue of shares with differential rights. Required fields are marked *, Notice: It seems you have Javascript disabled in your Browser. List of businesses in which the resolutions shall be passed through Postal Ballot. Definitions:‘ In these rules unless the context otherwise requires – (a) Act means the Companies Act, 1956 (1 of 1956); Notice of the postal ballot shall inform the Members about availability of e-voting facility, if any, and provide necessary information thereof to enable them to access such facility. Your email address will not be published. (Sec2(65) of the CA 2013) Earlier, Section 192A of the Companies Act, 1956, read with the Companies (Passing of the Resolution by Postal Ballot) Rules, 2001 (the Rules) obligated the listed companies to conduct certain businesses only by way of postal ballot. viii. All Rights Reserved. Details in postal ballots are received in defaced or mutilated form and postal ballot forms which are void. As per the section, notwithstanding anything contained in this Act-. vii. In Wadala Commodities Ltd., Your consideration and approval by Postal Ballot is sought to the enclosed Resolution. Variation in the rights attached to a class of shares or debentures or other securities; 8. Members desiring to exercise their vote by Postal Ballot are requested to carefully read the instructions printed in the Postal Ballot Form and return the same duly completed in the enclosed prepaid self-addressed Business Reply Envelope. Change of registered office outside the local limits of any city, town or village, 4. Alteration of Articles of Association in relation to insertion or removal of provisions which are required to be included in the Articles of a company in order to constitute it a private company, Change in place of Registered Office outside the local limits of any city, town or village, Change in objects for which a company has raised money from public through prospectus and still has any unutilized amount out of the money so raised, Issue of shares with differential rights as to voting or dividend or otherwise, Variation in the rights attached to a class of shares or debentures or other securities, Appointment of a Director elected by Small Shareholders, Sale of the whole or substantially the whole of an undertaking of a company or where the company owns more than one undertaking, of whole or substantially the whole of any of such undertakings, Giving loans or extending guarantee or providing security in excess of the limit specified, Any other Resolution prescribed under any applicable law, rules or regulations, Get copy of Regulatory updates in your mail box every Monday morning, Researched by Lawrbit Regulatory Update team of Lawyers, Company Secretaries, Chartered Accountants, Subscribers include Business Owners, CFO, Finance Controller, General Counsel, Company Secretary, Internal Audit Head, CHRO, Admin Head, Partners / Directors of Consulting Firms, etc. PASSING OF RESOLUTION THROUGH POSTAL BALLOT As many of us are aware, “Postal Ballot” is a facility whereby the shareholders can vote through postal or electronic mode instead of voting in person at general meeting of the company. The state is required to start distributing absentee ballots … the said Resolution, pursuant to Section 102(1) of the Act, setting out all material facts to enable you to understand the meaning, scope and implications of the item of business and to take decision thereon, is appended herewith for your consideration along with a ‘Postal Ballot Form’ and self-addressed
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