Clarification on hording 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.

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Gcneral Circular No. 09/2023

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:25.09.2023

To,

The DGCoA,
All Regional Directors,
All Registrar of Companies,
All Stakeholders.

subject: Clarification on hording 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.

Sir Madam,

In continuation to this Ministry’s General circular No. 20/ 2020 dated 05.05.2020, General Circular No. 02/ 2022 dated 05.05.2022 and General Circular No. 70/ 2022 dated 28.12.2022 and after due examination, it has been decided to allow companies whose AGMs are due in the Year 2023 or 2024, to conduct their AGMs through VC or OAVM on or before 30th September, 2024 in accordance with the requirements laid down in Para 3 and Para 4 o( the General Circular No. 20/2020 dated 05.05.2020.

2. However, it is hereby clarified that General Circular shall not be construed as conferring any extension of statutory time for holding of AGMs by the companies under the Companies Act, 2013 (thc Act) and the companies which have not adherecl
to the relevant statutory timelines shall be liable to legal action under the appropriate provisions of the Act.

3. Further, in continuation to this Ministry’s General Circular No. 14,/2020 dated 08.04.2020, General Circular No. 03/ 2022 .dated 0s.os.zo22 and General Circular No. “17 / 2022 dated 28.72.2022 and after due examination, it has also been decided to allow 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. All other
requircments provided in the saicl Circulars shall remain unchanged.

4 This issues with the approval of the Competent Authority

Yours faithfully,
(Karl Marx)
Deputy Director

Copy to:
1. e-Governance section and web Content officer to place the Circular on MCA Website.
2. Guard File.

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