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Relaxation by MCA on Passing Ordinary and Special Resolution due to COVID-19

Relaxation by MCA on Passing Ordinary and Special Resolution due to COVID-19

Relaxation by MCA - The Ministry of Corporate Affairs vide circular dated 8th April, 2020 has relaxed provisions related to passing Ordinary and Special Resolution in its meeting  of members in view of the current extraordinary circumstances prevailing in the country due to the pandemic caused by Noval Coronavius, COVID-19, which requires social distancing. The companies are requested to take all decisions of urgent nature which requires the approval of the members, other than items of ordinary business or businesses where any person has a right to be heard (audi  alteran partem), through the mechanism of postal ballot/ e-voting in accordance with the provisions of the Act and rules made thereunder, without conducting a General Meeting. Further, MCA has also laid down the procedure for convening Extraordinary General Meeting wherever holding such meeting is unavoidable on or before 30th June, 2020 under the following sub-categories:

  • For companies which are required to provide the facility of e-voting under the Act, or any other company which has opted for such facility.
  • For companies which are not required to provide the facility of e-voting under the Act.

 

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