MCA Discontinued facility of Certificate of Posting

MCA has come out with a  Circular No.17/2011 dated 21.04.2011.

Pls Find the attachment

Ministry of Corporate Affairs has taken a Green Initiative in the Corporate Governance by allowing paperless compliance by the Companies considering the provisions of Information Technology Act, 2000.

Section 53 of the Companies Act, 1956 provides service of documents by 'Certificate of Post' as one of the accepted mode of service. However, the Department of Post has recently discontinued it vide its letter dated 23.02.2011. The Information Technology Act, 2000 permits the service of documents in electronic mode.

Keeping in view the above, the Ministry has clarified that the Company would have complied with section 53 if the serving of document has been made through electronic mode.

For this the Company has to give an advance opportunity to every shareholder to register their e mail id with the Company and update any change therein from time to time. In case where any member has not registered his e mail id with the Company, the service of documents will be done in physical modes as provided under Section 53 of the Companies Act, 1956.

Thanks Ankurji for Putiing more Light into the matter  !!!

Ministry has also issued a circular on 29/04/2011 to provide clarification on the matter and now it is clarified that the Companies are allowed to send its Balance Sheet and Other attached details to its shareholders by electronic mode i.e. e mail. Regarding those shareholders who specifically requires physical copies or whose e mail ids are not registered with the Company, the Company has to send physical copies.

Circular Attached.