Clarification on passing of ordinary and special resolutions by companies under the Companies Act,2013 read with rules made thereunder on account of COVID-19- Extension of time

Last updated: 28 September 2020

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The Ministry of Corporate Affairs has extended the deadline for companies to pass ordinary and special resolutions. This extension, in light of COVID-19, allows companies to conduct Extraordinary General Meetings (EGMs) through Video Conferencing (VC) or Other Audio-Visual Means (OAVM), or to transact business via postal ballot. The new deadline for these arrangements is 31st December 2020. All other conditions from previous circulars remain in effect.

General Circular No. 33/2020

F.No. 2/6/2020-CL-V
Government of India
Ministry of Corporate Affairs

5th Floor, ‘A’ Wing, Shastri Bhawan,
Dr. R. P. Road, New Delhi

Dated: 28th September, 2020

To
The DGC0A,
All Regional Directors,
All Registrar of Companies.
All Stakeholders.

Subject: Clarification on passing of ordinary and special resolutions by companies under the Companies Act,2013 read with rules made thereunder on account of COVID-19- Extension of time -reg.

Sir/ Madam,

In continuation to this Ministry’s General Circulars No.14/2020 dated 8th April, 2020, No.17/2020 dated 13th April, 2020 and No.22/2020 dated 15.06.2020 and after due examination and it: has been decided to allow companies to conduct their EGMs through VC or OAVM or transact. items through postal ballot in accordance with the framework provided in the aforesaid Circulars upto 31st December, 2020. All other requirements provided in the said Circulars shall remain unchanged.

2. This issues with the approval of the competent authority.

Yours faithfully,
(KMS Narayanan)
Assistant Director (policy)

Copy forwarded for information to:-1. e-governance section and web contents officer to place the circular on MCA website and

2. Guard file.

FAQ :

This circular clarifies and extends the time for companies to pass ordinary and special resolutions under the Companies Act, 2013, due to COVID-19.

Companies can use Video Conferencing (VC), Other Audio-Visual Means (OAVM), or postal ballots to pass resolutions.

These provisions are valid until 31st December 2020.

No, all other requirements provided in the previous circulars remain unchanged.

This circular continues the provisions of General Circulars No. 14/2020, No. 17/2020, and No. 22/2020.

Guest

Notification No : General Circular No. 33/2020
Published in Corporate Law
Source : http://www.mca.gov.in/Ministry/pdf/GeneralCircularNo.33_28092020.pdf

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