The Procedures that should to be followed for conducting business through Postal Ballot are as follows:
(a) The notice of the General Meeting shall be sent either under Registered Post with Acknowledgment Due, or under Certificate of Posting. The company must also publish an advertisement about the notice of the meeting and despatch of ballot paper in a leading English newspaper and in one vernacular newspaper circulating in the State in which the Registered Office of the company is situated.
ADVERTISEMENTS:
(b) The company may make a note below the notice of General Meeting for understanding of members that the transaction(s) at SI. No. requires consent of shareholders through postal ballot.
(c) The board of directors shall appoint one scrutinizer, who is not in employment of the company, may be a retired judge or any person of repute who, in the opinion of the board can conduct the postal ballot voting process in a fair and transparent manner.
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(d) The scrutinizer will be in position for 35 days (excluding holidays) from the date of issue of notice for the General Meeting. He is to submit his final report on or before the said period.
(e) The scrutinizer will be willing to be appointed and available at the Registered Office of the company for the purpose of ascertaining the requisite majority.
ADVERTISEMENTS:
(f) The scrutinizer shall maintain a register to record the consent or otherwise received, including electronic media, mentioning the particulars of name, address, folio number, number of shares, nominal value of shares, whether the shares have voting, differential voting or non-voting rights.
The scrutinizer shall also maintain record for postal ballot which are received in defaced or mutilated form. The postal ballot and all other papers relating to postal ballot will be under the safe custody of the scrutinizer till the chairman considers, approves and sign the minutes of the meeting.
Thereafter, the scrutinizer shall return the ballot papers and other related papers/register to the company so as to preserve such ballot papers and other related papers/register safely till the resolution is given effect to.
(g) Consent or otherwise relating to issue mentioned in notice for the General Meeting received after 35 days from the date of issue will be strictly treated as if the reply from the member has not been received.