Agm of pvt ltd

This query is : Resolved

Guest

Guest (Querist)

08 December 2013 A Pvt Ltd Co. with 2 directors, one in India and other outside India when AGM is held by video conference. Is there any requirement to keep the record of it. How do we prove the meeting held?

Ajay Mishra

Ajay Mishra (Expert)
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09 December 2013 MCA is not talking about holding of AGM through vedio conferencing.

The Ministry of Corporate Affairs has been receiving representation from various Industry bodies to recognize participation by directors in meetings of Board/Committee of Directors under the Companies Act, 1956 through electronic mode. The MCA vide General Circular No. 28/2011 dated 20.05.2011 has clarified that directors of a company may participate in a meeting of Board/Committee of directors under the provisions of Companies Act, 1956 through electronic vote.
The said Circular has allowed paperless compliances by the Companies after considering section 2, 4, 5, 13 and 81 of the Information Technology Act, 2000 for legal validity of compliance under the Companies Act, 1956 through electronic mode.
Section 13 of the Information Technology Act, 2000, inter-alia provides time and place of dispatch of the notice in electronic mode, which may be applicable for the purpose of notice period provided in the Companies Act, 1956 through electronic mode. Therefore, the notice of the Board or Committee meetings may also be sent by way of email/electronically to the directors/members of the Committees.