Upon completion of the scrutiny of the F orms, the Scrutinizer will submit his report to the Chairman / Managing Director . 5. Definition: Companies Act, 1956 (“CA 1956”): ... As soon as possible but not later than seven (07) days from the last date of receipt of postal ballot. in the Notes forming part of the Postal Ballot Notice, under the section ‘Procedure and instructions relating to voting through physical Postal Ballot Form’ or the instructions printed on the Postal Ballot Form and return the same in original duly completed in the enclosed postage pre-paid self-addressed Business Reply Envelope. POSTAL BALLOT NOTICE [PURSUANT TO SECTION 110 OF THE COMPANIES ACT, 2013 READ WITH RULE 22 OF THE COMPANIES (MANAGEMENT AND ADMINISTRATION) RULES, 2014] Dear Member(s), Notice is hereby given in terms of the provisions of Section 110 and other applicable provisions, if any, of the Companies Act, 2013 (‘‘the Act’’) read with Rule 22 of the Companies (Management and … SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“SEBI Regulations”). Postal ballots Giving notice of the ballot. Note: It seems that a company can send notice by email, but company is required to send notice in hard copy as well as if any shareholder decides to give assent or dissent by posting Postal Ballot Paper to Post then he must have prepaid envelop and other documents in hard. << The result of the voting conducted through postal ballot … Owners for this Postal Ballot shall be reckoned based on the equity shares held by them as on Friday, March 20, 2020. /Font << /F13 13 0 R /F17 17 0 R >> 24 hours), File an application for activating/obtaining EVSN to NSDL/CDSL/evoting agency – (any time after board meeting but before starting of E-voting). We have to check and comply with provision of the following statutory enactments: 1. Proceedings of annual and extraordinary general meetings of the Company and the following details in brief: 13.2. brief details of items deliberated and results thereof; 13.3. manner of approval proposed for certain items (e-voting etc.). follow the instructions on e-voting printed in the notes to this Notice. Intimate Stock Exchanges and upload on the website of the Company if any matter is relating to Regulation 30 of SEBI Regulations and Website disclosure under regulation 46. within 30 minutes or 24 hours to stock exchange, Advance intimate to stock exchange specifying the purpose of record date, X+7 (any other date can be taken but shall be as per schedule of Events), – Advertisement in Newspaper at least once in a, E-voting and Time line for receipt of the Post Ballot, Scrutinizer shall maintain a register of Postal Ballot Forms and other documents. The result of the voting along with the scrutiniser’s report shall be displayed on the Notice Board of the company at its Registered Office and its Head Office as well as Corporate Office, if any. /Parent 2 0 R The Postal Ballot Notice is being sent to Members in electronic form to the email addresses registered with the Depository Participant (in case of electronic shareholding)/ the Company’s Registrar and Share Transfer Agents (in case of physical shareholding). The system of voting by proxy has also not proved very effective. Some RTA does not charge for the data of shareholders for Postal Ballot subject to the condition that intimation to NSDL and CDSL and RTA given in advance. Meaning of Postal Ballot is given under section 2(65) of the Companies Act, 2013 (“the Act”) as “Postal ballot” means voting by post or through any electronic mode. Section 110 has overriding effect over the whole of the Act. SEBI (LISTING OBLIGATIONS & DISCLOSURE REQUIRMENTS) REGULATIONS, 2015, > Regulation 42 of SEBI LODR – Record Date. File copies of advt with SE. – The provisions of Postal ballot shall not be applicable to One Person Company or Private Company (as max number of shareholders cannot exceed 200). c) issue of shares for conversion of debentures or any other convertible security; d) shares arising out of rights attached to debentures or any other convertible security. 2. /MediaBox [-0.0000 -0.0000 864.0000 936.0000] (a) A member desiring to exercise vote by Postal Ballot shall complete the Postal Ballot Form and send it duly filled and properly sealed to the Scrutinizer in the self-addressed business reply envelope sent herewith. endobj /ProcSet [/PDF /Text] Obtain details of shareholders from RTA regarding as on cutoff date. (g) contact details of the person responsible to address the grievances connected with the voting by postal ballot including voting by electronic means. – Approve the Notice of the Postal Ballot – Notice shall contain Proposed Resolution and Explanatory Statement, – Authorize Company Secretary or in case of no Company Secretary, any director of the Company to, ii) sign and send notice along with other documents. The Scrutinizer will submit his report to the Chairman or to any other authorized person of the Company after the completion of the scrutiny of the postal ballots (including e-voting). – As per Regulation 47 of the SEBI Regulations in newspaper advertisement give a reference in the newspaper publication, to link of the website of listed entity and stock exchange(s), where further details are available. (a) a statement to the effect that the business is to be transacted by postal ballot which includes voting by electronic means; (b) the date of completion of dispatch of notices; (e) 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; (f) a statement to the effect that members, who have not received postal ballot forms may apply to the company and obtain a duplicate thereof; and. /CropBox [-0.0000 -0.0000 864.0000 936.0000] Draft of the Notice, Explanatory statement along with proposed resolution shall be finalized, Finalize Printer, Dispatcher and Agency to design the Notice, if any. 2. – Appoint Scrutinizer for Postal Ballot (including e-voting). The Postal Ballot Notice along with Postal Ballot Form is being sent to all the Shareholders of the Company, whose names appear in the Register of Members/List of Beneficial Owners as received from National Securities Depository Limited (NSDL) / Central Depository Services (India) Limited Note: In view of the above provision, it can be concluded that a Private company may also at its own discretion transact any business other than prohibited businesses by way of Postal Ballot. “Voting by postal ballot” has been defined in Secretarial Standard- 2 as voting by ballot, by post or by electronic means. Voting is the only mechanism available with the shareholders for exercising an external check on the board and the management. (vi) Variation in the rights attached to a class of shares or debentures or other securities as specified under section 48 of the Act; (viii) Election of small shareholder director under section 151 of the Act; (ix) Sale of the whole or substantially the whole of an undertaking of a company as specified under sub-clause (a) of sub-section (1) of section 180; [it may be noted that section 180(1)(a) is applicable in the case of sale, lease or otherwise dispose off , and this clause only talks about sale of undertaking. 4. Postal voting is voting in an election where ballot papers are distributed to electors (and typically returned) by post, in contrast to electors voting in person at a polling station or electronically via an electronic voting system.. postal ballot on the date, time and venue specified in the notice, with details of the number of votes cast for and against the resolution, invalid votes and the final result as … 6. ♦ Every business proposed to be passed by Postal ballot shall be in the form of the Resolution only. Put the disclosure made to STXs under regulation 30 on website of the Company (within 24 hours), Send Newspaper publication to STXs pursuant to R.30 of SEBI (LODR) (within 24 hours), Put the disclosure made to STXs under regulation 30 on website of the Company along with Newspaper Publication. NOTICE OF POSTAL BALLOT [Pursuant to Section 110 of the Companies Act, 2013 read with the Companies (Management and Administration) Rules, 2014)] Dear Member(s), Notice is hereby given pursuant to the provisions of Section 110 and other applicable provisions of … Take pre paid envelop permit from Post office for Postal Ballot envelop. E-voting is optional. 12. Required fields are marked *, Notice: It seems you have Javascript disabled in your Browser.
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