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

Last updated: 25 June 2021

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The Ministry of Corporate Affairs has extended the deadline for companies to pass ordinary and special resolutions. This extension allows companies to continue conducting EGMs via Video Conference (VC) or Other Audio-Video Mode (OAVM), or to transact items through postal ballot. This facility, initially introduced due to COVID-19, will now be available until 31st December 2021. All other conditions from previous circulars remain in effect.

General Circular No. 10/2021

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

5th Floor, ‘A’ Wing, Shastri Bhawan,
Dr. RP. Road, New Delhi
Dated: 23^rd June, 2021

To
The DGCoA,
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, No. 22/2020 dated 15.06.2020, No. 33/2020 dated 28.09.2020 and No. 39/2020 dated 31.12.2020, after due examination, 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, 2021. 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)
Deputy Director (Policy)

Copy forwarded for information to:-

1. e-governance section and web conten s officer to place the circular on MCA webs ite and

2. Guard file.

FAQ :

The notification provides clarification and an extension of time for companies to pass ordinary and special resolutions under the Companies Act, 2013, due to the ongoing impact of COVID-19.

Companies can conduct their EGMs through Video Conference (VC) or Other Audio-Video Mode (OAVM), or transact items through postal ballot.

These provisions allowing for EGMs via VC/OAVM or postal ballots are extended up to 31st December 2021.

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

Notification No : General Circular No. 10/2021
Source : https://www.mca.gov.in/bin/dms/getdocument?mds=fYGpVQRhK8ssM3lRSs7fsg%253D%253D&type=open

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