Service of Documents

A document includes summons, notice, requisition order, other legal process and registers :

Service of documents on company:

A document may be served on a company or an officer there of by sending it to the company or officer at the registered office of the company by post under a certificate of posting or by registered post, or by leaving it at its registered office.

Where securities are held in a depository the records of the beneficial ownership may be served by such depository on the company by means of electronic more or by delivery of floppies or disks.

A summons was sent to the proper address of the addresses by registered post tendered with the postal authority for services then the presumption of services arises under section 27 of the General clauses act. Notice addressed to the company and served on the directors is a go service. Notice to a director officer in the course of a transaction amounts to notice to the Company.

Service of documents on Registrar:

A Document may be served on a Registrar by sending it to him at his office by post under a certificate of posting or by registered post, or by delivering it, or leaving it, at his office.

Service of documents on members by company: A document may be served by a company on any member thereof either personally or by sending it by post to him at his registered address if he has no registered address in India, the address if any within India supplied by him to the company

Where a document is sent by post:

Service thereof shall be deemed to be effected by properly addressing pre-paying and posting a letter containing the document. Where the member has intimated to the company in advance that document should be sent to him under a certificate of posting or by registered post with or without acknowledgement due and has deposited with a sum sufficient to defray the expenses of doing so, service of the document shall be deemed to be effected unless it is sent in a manner intimated by the members.

Such service shall be deemed to have been affected —

In the case of a notice of a meetings at the expiration of 48 hours after the letter containing the same is posted and

In any other case at the time at which the letter would be delivered in ordinary course of post.

A document advertised in a newspaper circulating in the neighborhood of the registered office of the company shall be deemed to be duly served on the day on which the advertisement appears, on every members of the company who has no registered address in India and has not supplied to the company an address within India for the giving of notices to him.

A document may be served by the company on the joint holders of share by serving it on the joint holder named first in the register in respect of share.

A document may be served by the company on the persons entitled to a share in consequence of the death or insolvency of a member by sending it through the post in prepaid letter addressed to them by name, or by the title of representatives of the deceased or assignees of the insolvent or by any like in India supplied for the purposes by the persons claiming to be so entitled. Until such an address has been so supplied; a document may be served in any manner in which it might have been served if the death or insolvency had not occurred.

Source: Business Law

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