Clarification on passing of Ordinary Special Resolutions by the Companies under Companies Act, 2013

Clarification on passing of Ordinary Special Resolutions by the Companies under Companies Act, 2013

The Ministry of Corporate Affairs (MCA) vide its General Circular No. 03/2022 dated 05^th May 2022, allowed Companies whose Extra-Ordinary General Meeting (EGM) are due to be held in the year 2022 to hold their EGM using the facility of video conferencing or other audio-visual means, on or before 31st December 2022.

The above said Circular is in furtherance to clarifications issued by the Ministry of Corporate Affairs vide its General Circular No. 14/2020 dated April 08, 2020, General Circular No. 17/2020 dated April 13, 2020, General Circular No. 22/2020 dated June 15, 2020, General Circular No. 33/2020 dated September 28, 2020, General Circular No. 39/2020 dated December 31, 2020, General Circular No. 10/2021 dated June 23, 2021, and General Circular No. 20/2021 dated December 08, 2021, by virtue of which the Companies were allowed to hold EGM using the facility of Video Conferencing or other Audio-Visual means till 30th June 2022.

By this amendment, MCA has allowed companies to conduct their EGMs through Video Conference (VC) or Other Audio-Visual Means (OAVM) or transact items through the postal ballot in accordance with the framework provided in the aforesaid Circulars up to December 31, 2022. All other requirements provided in the said Circulars shall remain unchanged.

The complete text of the Circular may be viewed at the below link:

Last updated: 26/05/2022

Article contributed by:

Anil Kumar Sah

MANAGER – CORPORATE SECRETARIAL

MBG Corporate Services