Agency to be appointed for monitoring the electronic voting process : MCA

Circular No.21 I201 1; Government of India- Ministry of Corporate Affairs; Dated: 02.05.20 1 1

CLR Note: The Green Initiative in the Corporate Governance brings again an added advantage, by providing an electronic platform for  the purpose of  electronic voting and for that the Ministry will soon appoint an agency  which will accurately monitor the voting process and most likely this role will be played by the NSDL  and CDSL.

All the Regional Directors; All the Registrar of Companies

Subject: Green Initiative in the Corporate Governance Approval of Ministry of Corporate Affairs for appointment of agency for providing electronic platform for electronic voting under the Companies Act, 1956.

The Ministry of Corporate Affairs has taken a “Green Initiative in the Corporate Governance” by allowing paperless compliances by the Companies after considering sections 2, 4, 5, and 81 of the Information Technology Act, 2000 for legal validity of compliances under Companies Act, 1956 through electronic mode.

Section 192A of the Companies Act, 1956 read with Companies (Passing of the Resolution by Postal Ballot) Rules, 2001 already recognizes voting by electronic mode for postal ballot. Some of the listed company have already started using electronic platform of certain agencies for providing and supervising the electronic platform for electronic voting.

In order to have secured electronic platform for capturing accurate electronic voting processes, It is hereby clarified that the agency appointed for providing and supervising electronic platform for electronic voting shall be an agency duly approved by the Ministry of Corporate Affairs.

It is firther clarified that for the above purpose, National Securities Depository Limited (NSDL) and Central Depository Services (India) Ltd (CDSL) are being  approved by the Ministry of Corporate Affairs subject to the condition that they obtain a certificate from Standardization Testing and Quality Certification (STQC) Directorate, Department of Information Technology, Ministry of Communications & IT, Govt. of India, Electronics Niketan, 6 CGO Complex, New Delhi – 110 003, INDIA. Once they obtain the same and inform the Ministry, they will be authorized to undertake these activities.

Kamna Sharma; Assistant Director

Copy to: All concerned

Related Post: Original Notification on Green Initiatives in Corporate Governance

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