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December 10, 2021

MCA allows companies to conduct EGMs via video conference and other audio visual means up to 30 June, 2022

by CA Shivam Jaiswal in MCA Circular

MCA allows companies to conduct EGMs via video conference and other audio visual means up to 30 June, 2022

File No. Policy-17/57/2021-CL-MCA

Government of India

Ministry of Corporate Affairs

5th Floor, ‘A’ Wing, Shastri Bhawan.,

Dr. Rajendra Prasad Road, New Delhi 110001

Dated: 08.12.2021

To,

The DGCoA,

All Regional Directors,

All Registrar of Companies,

All Stakeholders.

Subject: Clarification of holding of Annual General Meeting (AGM) through Video Conference (VC) or Other Audio Visual Means (OAVM)-reg.

Sir/ Madam,

With reference to Ministry’s General Circular No. 20/2020 dated 05.05.2020 and General Circular No. 02/2021 dated 13.01.2021, it has been decided to allow the companies whose AGMs are due in the Year 2021., to conduct their AGMs on or before 30th June, 2022 in accordance with the requirements laid down in Para 3 and Para 4 of the General Circular No. 20/2020 dated 05.05.2020.

It is clarified that this Circular shall not be construed as conferring any extension of
time for holding of AGMs by the companies under the Companies Act, 2013 (the Act) and the companies which have not adhered to the relevant timelines shall be liable to legal action under the appropriate provisions of the Act.

This issues with the approval of the Competent Authority

Encl.: As above.

File No. Policy-17/57/2021-CL-MCA

Government of India

Ministry of Corporate Affairs

To,

The DGCoA,

All Regional Directors,

All Registrar of Companies, All Stakeholders.

Subject: Clarification on passing of Ordinary and Special resolutions by the companies under the Companies Act, 2013 read with rules made thereunder on account of COVID-19-Extention of timeline-reg.

Sir/Madam,

In continuation to this Ministry’s General Circular Nos. 14/2020 dated 08.04.2020, 1.7/2020 dated 13.04.2020, 22/2020 dated 15.06.2020, 33/2020 dated 28.09.2020 a.nd 39/2020 dated 31.12.2020 and 1.0/2021 dated 23.06.2021 and after due examination, it has been decided to allow companies to conduct their EGMs through Video Conference (VC) or Other Audio Visual Means (OAVM) or transact items through postal ballot in accordance with framework provided in the aforesaid Circulars up to 30th June, 2022. All other requirements provided in the said Circulars shall remain unchanged.

This issues with the approval of the Competent Authority.

Yours faithfully,

(KMS Narayana)

Deputy Director Tel.: 011-2338-7263

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