The Ministry of Corporate Affairs (MCA) has provided a clarification concerning the dispatch of notices for rights issues by listed companies under Section 62(2) of the Companies Act, 2013. This clarification, originally issued in May 2020, has been extended and will now apply to rights issues opening up to 31st December 2020. It states that the inability to send notices via registered post, speed post, or courier will not be considered a violation of the Act, provided the companies comply with SEBI's relevant circulars.
General Circular No. 27/2020
F. No. 2/4/2020-CL-V
Government of India
Ministry of Corporate Affairs
5th Floor, A Wing, Shastri Bhawan,
Dr. R. P. Road, New Delhi
Dated: 3rd August , 2020
To
All Regional Directors,
All Registrar of Companies, All Stakeholders.
Subject: Clarification
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FAQ :
The clarification concerns the dispatch of notices under section 62(2) of the Companies Act, 2013, by listed companies for rights issues.
The clarification is applicable for rights issues opening up to 31st December 2020.
The clarification states that an inability to dispatch the notice to shareholders through registered post, speed post, or courier would not be viewed as a violation of section 62(2) of the Act.
Yes, listed companies must comply with the relevant circulars issued by SEBI for this clarification to apply.
No, other requirements provided in the said General Circular remain unchanged.