on postal ballot
This query is : Resolved
05 August 2010
is postal ballot is mandatory or compulsory?
05 August 2010
The Companies (Passing of the Resolution by Postal Ballot) Rules, 2001 specifies the items which have to passed mandatorily through postal ballot.
Rule 4. List of businesses in which the resolutions shall be passed through Postal Ballot.
(a) alteration in the Object Clause of Memorandum;
(b) alteration of Articles of Associations in relation to insertion of provisions defining private company;
(c) buy-back of own shares by the company under sub-section (1) of section 77A;
(d) issue of shares with differential voting rights as to voting or dividend or other wise under sub-clause (ii) of clause (a) of section 86;
(e) change in place of Registered Office out side local limits of any city, town or village as specified in sub-section (2) of section 146;
(f) sale of whole or substantially the whole of undertaking of a company as specified under sub-clause (a) of sub-section (1) of section 293;
(g) giving loans or extending guarantee or providing security in excess of the limit prescribed under sub-section (1) of section 372A;
(h) * election of a director under proviso to sub-section (1) of section 252 of the Act” ;
(i) * deleted w.e.f. 11/10/2001
(j) variation in the rights attached to a class of shares or debentures or other securities as specified under section 106.
Rule 4. List of businesses in which the resolutions shall be passed through Postal Ballot.
(a) alteration in the Object Clause of Memorandum;
(b) alteration of Articles of Associations in relation to insertion of provisions defining private company;
(c) buy-back of own shares by the company under sub-section (1) of section 77A;
(d) issue of shares with differential voting rights as to voting or dividend or other wise under sub-clause (ii) of clause (a) of section 86;
(e) change in place of Registered Office out side local limits of any city, town or village as specified in sub-section (2) of section 146;
(f) sale of whole or substantially the whole of undertaking of a company as specified under sub-clause (a) of sub-section (1) of section 293;
(g) giving loans or extending guarantee or providing security in excess of the limit prescribed under sub-section (1) of section 372A;
(h) * election of a director under proviso to sub-section (1) of section 252 of the Act” ;
(i) * deleted w.e.f. 11/10/2001
(j) variation in the rights attached to a class of shares or debentures or other securities as specified under section 106.
06 August 2010
thanks sir
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