Postal Ballot (Section 110, Rule 22 of the Companies (Management and Administration) Rules, 2014. | |
Applicability of Section 110 | Postal Ballot is applicable on all the Companies having 200 or more members. Therefore, private companies and OPC lies outside the purview of section 110. |
MEANING OF POSTAL BALLOT | |
Postal Ballot includes E-voting | Postal Ballot includes:
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Reply from the Shareholders within 30 days | Voting process, either by Postal ballot paper or electronically, is open for 30 days from the date of dispatch of notice. |
BUSINESS THAT NEEDS TO BE TRANSACTED ONLY THROUGH POSTAL BALLOT | |
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ELIGIBILITY AND DUTIES OF SCRUTINIZER | |
ELIGIBILITY | A Scrutinizer shall not be in employment of the Company and should conduct the voting process in fair and transparent manner. |
BOARD RESOLUTION | The Board is the appointing authority who may appoint one scrutinizer. |
CONSENT LETTER
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The scrutinizer should give a consent letter to the Company stating his willingness and eligibility. |
SAFE CUSTODY
1. Postal Ballot 2. Other papers
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1. The scrutinizer shall keep the safe custody of the Postal Ballots. |
2. The Scrutinizer should keep the safe custody of all the registers and papers and return the same to the Company only when the Chairman approves and sign the minutes. | |
SCRUTINIZER’S REPORT | The scrutinizer shall submit his report within 7 days of last date of receipt of postal ballot. |
MAINTAINING REGISTERS | Maintain register manually or electronically regarding the assent or dissent of the members and their:
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MISCELLENEOUS | |
VALIDITY OF VOTESAFTER 30 DAYS | Assent or dissent received from the members after 30 days from issue of notice shall not be considered. |