Holding of annual general meetings by companies whose financial year has ended on 31st December, 2019 - Companies Law - 18/2020

General Circular No. 18/2020 F. No. 2/4/2020-CL-V Government of India Ministry of Corporate Affairs 5th Floor, 'A' Wing, Shastri Bhawan, Dr. R. P. Road, New Delhi-110001 Dated: 21st April, 2020 To All Regional Directors, All Registrars of Companies, All Stakeholders Subject: Holding of annual general meetings by companies whose financial year has ended on 31st December, 2019. Sir/Madam, Several representations have been received from stakeholders with regard to difficulty in holding annual general meetings (AGMs) for companies whose financial year ended on 31st December, 2019 due to COVID-19 related social distancing norms and consequential restrictions linked thereto. These representations have been examined and it is noted that the Companies Act, 2013 (Act) allows a company to hold its AGM within a period of six months (nine months in case of first AGM) from the closure of the financial year and not later than a period of 15 months from the date of last AGM 2. On account of the difficulties highlighted above, it is hereby clarified that if the companies whose financial year (other than first financial year) has ended on 31st December, 2019, hold their AGM for such financial year within a period of nine months from the closure of the financial year (i.e. by 30th September, 2020), the same shall not be viewed as a violation. The references to due date of AGM or the date by which the AGM should have been held under the Act or the rules made thereunder shall be construed accordingly. 3. This issues with the approval of the competent authority. Yours faithfully, (K.M.S. Narayanan) Assistant Director