Dear Members,
My query is related to service of documents to the share holders of the Company.
As per the Circular No. 18/2011 dated 29/04/2011 now we can send the Annual Reports to Share holders through electronic mode if and only if they have updated there Email Id's to the company. In other case, we can send the reports as per the process laid down in Section 53 of the Companies Act, 1956.
As per the Section 53, documents can send under the certificate of posting (UPC) or by registered post to the share holders if they have intimated to Company in advance and deposited the sufficient sum to defray the expenses.
It further says that it can also be send by ordinary course of post.
As we all know very well that the UPC services by postal authorities are been stopped and the expenses of registered post is quite heavy.
So can we send the annual reports by using the courier services ?
Can the courier services be considered as the ordinary course of post?
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Ordinary Course of Post
Dear Mr. Pritesh
Courier too would cost you the same as registered post even in it is within the city, for eg: dtdc would charge you , for local , Rs. 25/- for items up to 250 gms and additional weight would attract Rs.15 extra and moreover the act no where says that courier is also one of the approved mode of servicing the documents on the members.
I feel that ordinary post doesn't cover courier, as the former is under the indain post and latter is run by private companies.
kindly wait for the views of the experts.
Under Section 53 of the Companies Act, 1956 Certificate of Posting and Registered Post are covered under Service of Documents by Post.
However, Certificate of Posting has been discontinued by the Department of Post therefore, only Registered post and after initiative of MCA now e mail are available options.
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