Section 20 of the Companies Act, 2013 prescribes the modes by which a document may be served on a company, its directors, and its members. The provision is procedural, but it is fundamental: a notice or document that is not served in accordance with Section 20 is not validly served, and the consequential proceedings may be vitiated.
The Modes
A document may be served on a company by post, by registered post, by speed post, by courier, by electronic mode, or by hand delivery at the registered office. The service on a director may be effected at the director’s address registered with the company, and the service on a member may be effected at the member’s address registered with the company.
The Proof
The proof of service depends on the mode. Where the document is served by registered post or speed post, the acknowledgment or the postal receipt is the proof. Where the document is served by electronic mode, the delivery report or the transmission record is the proof. The company must maintain a record of the service, and the record is the evidence of compliance.
The Consequences of Defective Service
A defective service is a fundamental procedural defect. A meeting convened without a valid notice is not validly convened, and the resolutions passed at the meeting are vulnerable to challenge. The NCLT can set aside an order obtained without a valid service, and the ROC can initiate action for the non-compliance.
Call to Action
Anuj Desai & Associates advises companies on the service of documents—from the modes prescribed by Section 20 and the proof of service to the consequences of a defective service. If your company’s notices or documents are being challenged, we can help you assess the validity of the service.
📧 office@anujdesaiassociates.com
📞 9619456656
🌐 https://anujdesaiassociates.com
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