………………………….

Clarification on holding of AGM and EGM through Video Conference (VC) or other Audio Visual Means (OAVM)

Clarification on holding of Annual General Meeting (AGM) and EGM through Video Conference (VC) or other Audio Visual Means (OAVM) and passing of Ordinary and Special resolutions by the Companies under the Companies Act,2013 read with Rues made thereunder -Extension of timeline-reg

General Circular No: 09/2023

Circular Date: 25th September 2023

Applicable Period: Year 2023, 2024

Relevant Act / Rule: Companies Act, 2013

In continuation to the Ministry of Corporate Affairs (MCA) General circular No. 20/ 2020 dated 05.05.2020, General Circular No. 02/ 2022 dated 05.05.2022 and General Circular No. 10/ 2022 dated 28.12.2022, MCA has decided to allow Companies whose AGMs are due in the year 2023 or 2024 to conduct the AGMs through VC or OAVM on or before 30th September, 2024 in accordance with the requirements laid down in Para 3 and Para 4 of the General Circular No. 20/2020 dated 05.05.2020.

It has also been clarified that the General Circular shall not be construed as conferring any extension of statutory time for holding of AGMs by the Companies under Companies Act, 2013 (‘the Act’) and further that the Companies not adhering to the statutory timelines shall be liable to legal action under the Act.

Further, in continuation to this Ministry’s General Circular No. 14/2020 dated 08.04.2020, General Circular No. 03/ 2022 dated 05.05.2022 and General Circular No. 11 / 2022 dated 28.12.2022, MCA has also allowed companies to conduct their EGMs through Video Conference (VC) or other Audio Visual Means (OAVM) or transact items through postal ballot in accordance with framework provided in the aforesaid Circulars up to 30th September, 2024.

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

To stay updated Subscribe to our newsletter today

Explore other Legal updates on the 1-Comply and follow us on LinkedIn to stay updated 

Schedule A Demo