# Section 20 - Service of Documents

## 1. Two-fold Coverage

Section 20 governs service of documents in two scenarios:

Scenario	Document Served On
(a) Company-side	A company or its officer
(b) RoC/Member-side	The RoC or any member

## 2. Service on Company or Officer

### Address (Where to send)

Send it to the Registered Office (RO) of the company.

### Modes of Delivery

Post (ordinary post)
Registered post
Speed post
Courier* (with proof of delivery)
Leaving at RO
Other prescribed electronic mode

### Special Provision for Securities in Depository

Where securities are held with a depository, records of beneficial ownership may be served by such depository on the company by electronic mode.

## 3. Service on RoC or Member

### Address (Where to send)

Send to office or address (of RoC or member).

### Modes of Delivery

Post (ordinary post)
Registered post
Speed post
Courier* (with proof of delivery)
Delivering at his office or address
Other prescribed electronic mode

### Member's Right to Choose Mode

A member may request for delivery through a particular mode, for which:

Member shall pay such fees as determined in AGM
However, even if member opts for alternate mode and pays extra fees, the notice will still be sent at the registered address of the member only
Company is NOT responsible for sending notice to any other address (even if extra fees paid)

## 4. Definition - Courier*

"Courier" means a courier service which has proof of delivery.

## 5. Comparison Table

Particulars	Service on Company/Officer	Service on RoC/Member
Address	Registered Office	Office or Address
Modes	Post / Reg Post / Speed Post / Courier / Leaving at RO / E-mode	Post / Reg Post / Speed Post / Courier / Delivering at office/address / E-mode
Special Provision	Depository may serve via e-mode for beneficial ownership records	Member may request alternate mode by paying AGM-determined fees

## 6. Author's Practical Note

Law only provides an option to pay extra fees and decide an alternate mode for receiving notice. However:

The notice will still be sent to the registered address of the member
Company is NOT responsible for delivery to any other address (even if extra fees are paid)
This provision essentially allows for additional copy/mode along with regular registered address service

## 7. Key Principles

1. Multiple modes available - The law is enabling, not restrictive about modes

2. Proof of delivery essential for courier services

3. Electronic mode is recognized for both company and member service

4. Registered address remains primary for member service

5. Depository can serve electronically on company for beneficial ownership records

## 8. Practical Examples

### When Documents Are Served:

AGM notice to members
Notices from RoC to company
Inspection notice to officers
Court summons
Demand notices for fees/penalties

Worked example

### Example 1

Example - Service on Company: RoC wants to serve a notice on ABC Ltd. RoC can send via speed post to ABC Ltd's RO, or hand-deliver at RO, or send via courier with proof of delivery, or use prescribed e-mode. All these are valid.

### Example 2

Example - Member Choosing Alternate Mode: Mr. X, a member of XYZ Ltd, requests notices to be sent by courier instead of regular post. AGM has fixed Rs. 100 per notice for courier delivery. Mr. X pays Rs. 100. Company will send notice by courier - BUT to his REGISTERED address (not to a temporary travel address).

### Example 3

Example - Depository Service: A depository has records of all shareholders of LMN Ltd. The depository sends the records to LMN Ltd's RO by electronic mode. This is a valid service under Section 20.

### Example 4

Example - Courier Without Proof: Company sends a notice via a local delivery service that doesn't issue any proof of delivery. This is NOT valid service as 'courier' under Section 20 requires proof of delivery.

### Example 5

Example - Outdated Address: Mr. P (member) has shifted home but didn't update his address with the company. Company sends AGM notice to his registered (old) address. Notice is validly served under Section 20 even if Mr. P doesn't actually receive it.

### Example 6

Example - Multiple Modes: Court orders service on M Ltd. Process server delivers court summons at M Ltd's RO AND also sends a copy by registered post AND emails to company's official email. All three are valid simultaneous service modes.

⚠️ Common exam mistakes

Believing service must be at member's actual residence - it's at registered address only.
Forgetting that 'courier' under Section 20 requires proof of delivery - regular delivery isn't enough.
Thinking the company can be served at corporate office or factory - it must be at the Registered Office.
Assuming members can dictate the address to which notices are sent - they can only choose mode, not address.
Not considering electronic mode as valid service - it is expressly recognized under prescribed conditions.
Believing service modes are mutually exclusive - multiple modes can be used simultaneously.
Forgetting that depository may serve beneficial ownership records on company electronically - a special carve-out.

Bare-Act text Section 20 · Companies Act, 2013 · click to expand

Section 20(1): A document may be served on a company or an officer thereof by sending it to the company or the officer at the registered office of the company by registered post or by speed post or by courier service or by leaving it at its registered office or by means of such electronic or other mode as may be prescribed. (2) Save as provided in this Act or the rules made thereunder for filing of documents with the Registrar in electronic mode, a document may be served on Registrar or any member by sending it to him by post or by registered post or by speed post or by courier or by delivering at his office or address, or by such electronic or other mode as may be prescribed.

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