Can Annual General Meeting Held Through Video Conferencing

The Companies Act, 2013 (Act) does not provide provisions of holding Annual General meeting through VC. Hence, if any company cannot hold the meeting physically, then the Company can hold the meeting through VC/OAVM mode by following the procedure prescribed in the circulars issued by Ministry of Corporate Affairs (MCA).

1. The first circular (General Circular No. 20/2020) was issued by the Ministry of Corporate Affairs regarding holding Annual General meeting through VC/OAVM mode during the outbreak of pandemic Covid-19 dated 05^th May, 2020 in which the MCA allowed the Annual General meeting to be held during the Calendar Year (2020) through VC/OAVM mode by following the procedure prescribed in the circular.

• With the continuous outbreak of pandemic, the Second circular was issued by the MCA dated 13^th January, 2021 which allowed the companies to hold the Annual General Meeting through VC/OAVM mode which were due to be held in the year 2020, or becoming due in the year 2021, to conduct their AGMs on or before 31.12.2021, in accordance with the requirements provided in General Circular No. 20/2020.

• The MCA further continuing General Circular No. 20/2020 dated 5^th May, 2020, decided to allow the companies who were proposing to organize AGMs in 2022 for the Financial Year ended/ending any time before/on 31.03.2022 through VC/OAVM mode as per the respective due dates by 30^th June, 2022 through Circular dated 14^th December, 2021.

• Then the MCA vide Circular dated 05^th May, 2022, allowed the companies to hold AGMs through VC/OAVM mode whose AGMs were due in the Year 2022, to conduct their AGMs on or before 31^st December, 2022 in accordance with the requirements provided in General Circular No. 20/2020.

• Furthermore, vide General Circular dated 28^th December, 2022, the MCA has decided to allow the Companies whose AGMs are due in the Year 2023, to conduct their AGMs on or before 30^th September, 2023 through VC/OAVM mode.