Companies who not followed Process for AGM date extension may face legal action

MCA : Companies who not followed Process for AGM date extension may face legal action

General Circular No. 02/2021

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: 13th January, 2021

To The DGCoA, All Regional Directors, All Registrar of Companies, All Stakeholders. Subject: Clarification on holding of annual general meeting (AGM) through video conferencing (VC) or other audio visual means (OAVM) Sir/Madam, In continuation of this Ministry’s General Circular No. 20/2020, dated 05th May, 2020 and after due examination, it has been decided to allow companies whose AGMs were due to be held in the year 2020, or become due in the year 2021, to conduct their AGMs on or before 31.12.2021, in accordance with the requirements provided in paragraphs 3 and 4 of the General Circular No. 20/2020. 2. It is clarified, that this Circular shall not be construed as conferring any extension of time for holding of AGMs by the companies under the Companies Act, 2013, and the companies which have not adhered to the relevant timelines shall remain subject to legal action under the Companies Act, 2013. 3. 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.