S.No

Head

Provision

Applicability

Listed Company with reference to specified list of business

Specified List of Business

  Same as before being:-   
     (a)   alteration in the object clause of memorandum;
     (b)   alteration of articles of associations in relation to insertion of provisions defining private company;
     (c)   buy-back of own shares by the company under sub-section (1) of section 77A;
     (d)   issue of shares with differential voting rights as to voting or dividend or otherwise under sub-clause (ii) of clause (a) of section 86;
     (e)   change in place of registered office outside local limits of any city, town or village as specified in sub-section (2) of section 146;
      (f)   sale of whole or substantially the whole of undertaking of a company as specified under sub-clause (a) of sub-section (1) of section 293;
     (g)   giving loans or extending guarantee or providing security in excess of the limit prescribed under sub-section (1) of section 272A;
     (h)   election of a director under proviso to sub-section (1) of section 252 of the Act;
      (j)   variation in the rights attached to a class of shares or debentures or other securities as specified under section 106

Method of dispatch Notice

• Under Registered Post Acknowledgement Due or
• Any other secured mode of posting provided by Department of Post; or
• Through electronic mode

Electronic mail is allowed wherein the company has obtained e-mail addresses of the members and given an advance opportunity to the members to register their e-mail and make changes therein from time to time with the concerned depository

Disclosure in notice

Whether the voting is allowed through postal ballot or electronic mail, if through electronic mode then the process and manner of voting by electronic mode provided by the agency. 

Newspaper Advertisement

In leading English and one vernacular newspaper circulating in the state where the registered office of the company is situated specifying

• Date of completion of dispatch of notice
• Date of commencement and ending of voting through postal ballot or electronic mode
• Last date of  receipt of postal ballot notices which should be 30 days from the date of completion of dispatch
• Provision to apply for duplicate form thereof

Procedure to be followed

• To mention a note below the notice of the Meeting that the resolution require consent of the shareholders through postal ballot
• Appointment of scrutinizer
• Submission of report by scrutinizer
• Presence of scrutinizer at the Registered office to ascertain requisite majority
• Scrutinizer to maintain a register to record the result
• Procedure specified by agency to be followed for voting through electronic mode