Cos 110 — Postal ballot

Companies Act, 2013

Statutory text

(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:

[Provided  that  any  item  of  business  required  to  be  transacted  by  means  of  postal  ballot  under clause (a), may be transacted at a general meeting by a company which is required to provide the facility to members to vote by electronic means under section 108, in the manner provided in that section.]
(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.

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