Chapter VII — MANAGEMENT AND ADMINISTRATION

Section 110Postal ballot

Section 110: Postal ballot

110. Postal ballot

(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.

Amendment notes (1)
  1. ins w.e.f. 9-2-2018 . The Proviso ins. by Act 1 of 2018, s. 29 (w.e.f. 9-2-2018).