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Section 110 of Companies Act 2013: Postal Ballot

SECTION-110 (Postal Ballot) under CHAPTER-VII (Management and Administration) of the Companies Act, 2013

(1) Notwithstanding anything contained in this Act, a company—
(a) shall, in respect of such items of business as the Central Government may, by notification, declare to be transacted only by means of postal ballot; and
(b) may, in respect of any item of business, other than ordinary business and any business in respect of which directors or auditors have a right to be heard at any meeting, transact by means of postal ballot,
in such manner as may be prescribed, instead of transacting such business at a general meeting.

(2) If a resolution is assented to by the requisite majority of the shareholders by means of postal ballot, it shall be deemed to have been duly passed at a general meeting convened in that behalf.

Extra Notes for Readers

(1) The Companies Act, 2013 received the assent of the President on the 29th August, 2013 (Published in the Gazette of India, Extraordinary, Part II - Section 1 by Ministry of Law and Justice, Legislative Department on 30th August, 2013).

(2) Section 110 of the Companies Act 2013 was notified by MCA Notification S.O. 902(E) dated 26th March 2014 (w.e.f. 1st April 2014).

(3) Relevant rule(s) of the Companies (Management and Administration) Rules, 2014
  • Rule 22 - Procedure to be followed for conducting business through postal ballot
[Also check further amendments, if any, to the Companies (Management and Administration) Rules, 2014]

This page was created/last updated on 17th March, 2017.

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