Practicing Company Secretary
1016 Points
Posted on 22 July 2014
The Company has already sent out the Notice to its members calling the AGM of the Company with a facility to the members to electronically vote on the resolutions. The Notice included an item for approving related party transactions.
MCA vide its Companies 5th (Removal of Difficulties) Order dated 9th July, 2014 amended the definition of related party under the Companies Act, 2013. Due to such amendment certain persons fall out of the definition of related party and accordingly the approval of the members would not be required for transacting with such parties.
Can the Company modify its resolution in the Notice to give effect to the aforementioned amendment in law considering that the notice has already been served and e-voting is due to start in a day or two?