The Ministry of Corporate Affairs (MCA) has issued a clarification regarding the passing of ordinary and special resolutions by companies. Following previous circulars related to the COVID-19 pandemic, companies are now permitted to conduct Extraordinary General Meetings (EGMs) via Video Conference (VC) or Other Audio Visual Means (OAVM), or to transact items through postal ballot. This facility has been extended up to 31st December 2022, with all other conditions from previous circulars remaining in effect.
General Circular No. 3/2022
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: 05.05.2022
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
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FAQ :
The circular clarifies the rules for passing ordinary and special resolutions by companies under the Companies Act, 2013, specifically in relation to extensions granted due to COVID-19.
Companies can conduct their EGMs through Video Conference (VC) or Other Audio Visual Means (OAVM), or transact items through postal ballot.
These provisions allowing for resolutions via VC/OAVM or postal ballot have been extended up to 31st December 2022.
No, all other requirements provided in the previous circulars shall remain unchanged.
This circular continues the provisions of General Circular No. 14/2020, 17/2020, 22/2020, 33/2020, 39/2020, 10/2021, and 20/2021.