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17 June 2021
MCA allows Board of Directors to approve Financial Statements, Board’s Report, etc. via Video Conferencing
Considering the ongoing pandemic situation in the country, the Ministry of Corporate Affairs (MCA) has made it more convenient for the Companies to cover all the agenda points via Video Conferencing removing all the restrictions.

The MCA has notified a new set of rules, Companies (Meetings of Board and its Powers) Amendment Rules, 2021, to amend the Companies (Meetings of Board and its Powers) Rules, 2014, which will come into force as and when it is published in the Official Gazette.

The purpose of this amendment is to remove the restriction of Rule 4, which specifies the matters that cannot be dealt within a meeting held through video conferencing or other audio visual mode.

Listed below are the points covered in Rule 4:
  1. The approval of the Annual Financial Statements;
  2. The approval of the Board’s report;
  3. The approval of the Prospectus;
  4. The Audit Committee Meetings for consideration of Accounts; and
  5. The approval of the matter relating to Amalgamation, Merger, Demerger, Acquisition and Takeover.
Our Comments

The second wave of COVID-19 has brought multiple challenges for Indian Corporates as they struggle to meet the timelines for various compliances. The proposed change is a respite for Indian Corporates as removing the restriction of Rule 4 will enable all the critical approvals via video conferencing and save time. The relaxation is in continuation to MCA’s effort to reduce the burden off from Indian Corporates and ease the process of carrying out compliance in India. Some of these pandemic-induced relaxations may continue even after the pandemic ends, which will be helpful in the long term.

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