Mode of sending letter of offer

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

06 January 2015 Does 'courier' is included in Registered Posts or Speed post for the purpose of sending of Letter of Offers to shareholders?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

06 January 2015 Document may be sent to a member by sending it either by ordinary post or registered post or speed post or courier or delivering at his office or address or ‘by such electronic or other mode as may be prescribed’.

Querist : Anonymous

Querist : Anonymous (Querist)

06 January 2015 where is the above statement mentioned?

The wordings of section 62 (2) are as below:

....... shall be despatched through registered post or speed post or through electronic mode to all the existing shareholders .........

It does not specify courier there.

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

03 August 2024 Under Section 62(2) of the Companies Act, 2013, the manner in which a Letter of Offer is sent to shareholders is specified as follows:

### Section 62(2) - Companies Act, 2013:

**"The letter of offer shall be despatched through registered post or speed post or through electronic mode to all the existing shareholders."**

This section outlines the methods for dispatching the letter of offer, which are:

- **Registered Post**
- **Speed Post**
- **Electronic Mode**

### Interpretation of the Term "Courier":

- **Courier Service**: Courier services are not explicitly mentioned in Section 62(2). The terms "registered post" and "speed post" are specifically prescribed methods for dispatching documents in the Companies Act, 2013.

- **Not Included**: Since the law does not explicitly include "courier" services in the list of acceptable methods, they are not considered valid for the purpose of dispatching the Letter of Offer according to this specific provision.

### Legal Precedents and Practice:

1. **Regulatory Guidelines**: Regulatory guidelines and notifications issued by the Ministry of Corporate Affairs (MCA) or other relevant authorities typically align with the methods mentioned in the Companies Act.

2. **Legal Precedents**: Courts and legal interpretations often emphasize strict adherence to the methods prescribed by the Act. Deviating from these methods, such as using a courier instead of registered post or speed post, might not be compliant with the statutory requirements.

### Summary:

Based on Section 62(2) of the Companies Act, 2013, **courier services are not included** as an acceptable mode of dispatch for the Letter of Offer to shareholders. Only registered post, speed post, or electronic mode are specified.

For any legal or compliance-related issues, consulting with a legal expert or company secretary is advisable to ensure that all statutory requirements are met accurately.

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