TaxTMI 
TaxTMI 
Companies (Management and Administration) Amendment Rules, 2015.
X X X X Extracts X X X X
X X X X Extracts X X X X
.... their publication in the Official Gazette. 2. In the Companies (Management and Administration) Rules, 2014, for rule 20, the following rule shall be substituted, namely:- "20. Voting though electronic means.- (1) The provisions of this rule shall apply in respect of the general meetings for which notices are issued on or after the date of commencement of this rule. (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 faci....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... exercised by way of electronic means gets registered and counted in an electronic registry in a centralised server with adequate cyber security; (v) "remote e-voting" means the facility of casting votes by a member using an electronic voting system from a place other than venue of a general meeting; (vi) "secured system" means computer hardware, software, and procedure that (a) are reasonably secure from unauthorised access and misuse; (b) provide a reasonable level of reliability and correct operation; (c) are reasonably suited to performing the intended functions; and (d) adhere to generally accepted security procedures; (vii) "voting by electronic means" includes "remote e-v....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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 le....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ell as voting in the general meeting; (g) website address of the company, if any, and of the agency where notice of the meeting is displayed; and (h) name, designation, address, email id and phone number of the person responsible to address the grievances connected with facility for voting by electronic means: Provided that the public notice shall be placed on the website of the company, if any, and of the agency; (vi) the facility for remote e-voting shall remain open for not less than three days and shall close at 5.00 p.m. on the date preceding the date of the general meeting; (vii) during the period when facility for remote e-voting is provided, the members of the company, holding shares eith....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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 have not cast their votes by availing the remote e-voting facility. (xii) the scrutiniser shall, immediately after the conclusion of voting at the general meeting, first count the votes cast ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....folio number or client ID of the members, number of shares held by them, nominal value of such shares and whether the shares have differential voting rights; (xv) the register and all other papers relating to voting by electronic means shall remain in the safe custody of the scrutiniser until the Chairman considers, approves and signs the minutes and thereafter, the scrutiniser shall hand over the register and other related papers to the company. (xvi) the results declared along with the report of the scrutiniser shall be placed on the website of the company, if any, and on the website of the agency immediately after the result is declared by the Chairman : Provided that in case of companies whose equity shares ar....