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TMI BlogVoting through electronic means.X X X X Extracts X X X X X X X X Extracts X X X X ..... ending to, its members only, for their mutual benefit, and which complies with such rules as are made by the Central Government for regulation of such class of companies. Explanation-II.- For the purposes of this rule, the expression- (i) 'agency' means the National Securities Depository Limited, the Central Depository Services (India) Limited or any other entity approved by the Ministry of Corporate Affairs subject to condition that the National Securities Depository Limited, the Central Depository Services (India) Limited or such other entity has obtained a certificate from the Standardisation Testing and Quality Certification Directorate, Department of Information Technology, Ministry of Communications and Information Technology, Government of India including with regard to compliance with parameters under Explanation (vi); (ii) 'cut-off date' means a date not earlier than seven days before the date of general meeting for determining the eligibility to vote by electronic means or in the general meeting; (iii) cyber security means protecting information, equipment, devices, computer, computer resource, communication device and information stored therein from unaut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s who have cast their vote by remote e-voting prior to the meeting may also attend the meeting but shall not be entitled to cast their vote again; (iv) the notice shall - (A) indicate the process and manner for voting by electronic means ; (B) indicate the time schedule including the time period during which the votes may be cast by remote e-voting; (C) provide the details about the login ID; (D) specify the process and manner for generating or receiving the password and for casting of vote in a secure manner. (v) the company shall cause a public notice by way of an advertisement to be published, immediately on completion of despatch of notices for the meeting under clause (i) of sub-rule (4) but at least twenty-one days before the date of general meeting, at least once in a vernacular newspaper in the principal vernacular language of the district in which the registered office of the company is situated, and having a wide circulation in that district, and at least once in English language in an English newspaper having country-wide circulation, and specifying in the said advertisement, inter alia, the following matters, namely:- (a) statement that the business may be transacted th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly by the members attending the meeting and who have not exercised their right to vote through remote e-voting. (ix) the Board of Directors shall appoint one or more scrutiniser, who may be Chartered Accountant in practice, Cost Accountant in practice, or Company Secretary in practice or an Advocate, or any other person who is not in employment of the company and is a person of repute who, in the opinion of the Board can scrutinise the voting and remote e-voting process in a fair and transparent manner: Provided that the scrutiniser so appointed may take assistance of a person who is not in employment of the company and who is well-versed with the electronic voting system; (x) the scrutiniser shall be willing to be appointed and he available for the purpose of ascertaining the requisite majority; (xi) the Chairman shall, at the general meeting, at the end of discussion on the resolutions on which voting is to be held, allow voting, as provided in clauses (a) to (h) of sub-rule (1) of rule 21 , as applicable, with the assistance of scrutiniser, by use of ballot or polling paper or by using an electronic voting system for all those members who are present at the general meeting but h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d stock exchange, the company shall, simultaneously, forward the results to the concerned stock exchange or exchanges where its equity shares are listed and such stock exchange or exchanges shall place the results on its or their website. (xvii) subject to receipt of requisite number of votes, the resolution shall be deemed to be passed on the date of the relevant general meeting. Explanation.- For the purposes of this clause, the requisite number of votes shall be the votes required to pass the resolution as the ordinary resolution or the `special resolution', as the case may be, under section 114 of the Act . (xviii) a resolution proposed to be considered through voting by electronic means shall not be withdrawn.] ************* Notes:- 1. Inserted vide Notification No. 01/34/2013 CL-V - Dated 23-6-2014. 2. Substituted vide Notification No. 01/34/2013 CL-V - Dated 23-6-2014. Before it was read as, which opts to provide . 3. Substituted vide F. No. 01/34/2013-CL-V- Part-I - Dated 19-3-2015 , before it was read as, 20. Voting through electronic means.- (1) Every listed company or a company having not less than one thousand shareholders, shall provide to its members facility to e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... login ID and create a facility for generating password and for keeping security and casting of vote in a secure manner; (v) the company shall cause an advertisement to be published, not less than five days before the date of beginning of the voting period, at least once in a vernacular newspaper in the principal vernacular language of the district in which the registered office of the company is situated, and having a wide circulation in that district, and at least once in English language in an English newspaper having a wide circulation in that district, about having sent the notice of the meeting and specifying therein, inter alia, the following matters, namely:- (a) statement that the business may be transacted by electronic voting; (b) the date of completion of sending of notices; (c) the date and time of commencement of voting through electronic means; (d) the date and time of end of voting through electronic means; (e) the statement that voting shall not be allowed beyond the said date and time; (f) website address of the company and agency, if any, where notice of the meeting is displayed; and (g) contact details of the person responsible to address the grievances connected ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of passing of the resolution at the relevant general meeting of members; (xv) subject to receipt of sufficient votes, the resolution shall be deemed to be passed on the date of the relevant general meeting of members. 4. Substituted vide F. No. 1/34/2013 CL-V-Part-I - Dated 23-9-2016 , before it was read as, (2) Every company other than a company referred to in Chapter XB or Chapter XC of the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009 having its equity shares listed on a recognised stock exchange or a company having not less than one thousand members, shall provide to its members facility to exercise their right to vote on resolutions proposed to be considered at general meetings by electronic means. 5. Substituted vide F. No. 01/34/2013 CL-V (Pt-ll) dated 05-03-2021 before it was read as Explanation.- For the purpose of this sub-rule, Nidhi means a company which has been incorporated as a Nidhi with the object of cultivating the habit of thrift and savings amongst its members, receiving deposits from and lending to, its members only, for their mutual benefit, and which complies with such rules as are prescribed by the Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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