Further Clarification in this regard is provided by MCA vide its Circular no. 17 dated 13/04/2020 which are as follows:
- Notice to members may be circulated through Emails registered with Company or DP only.
- In case of companies required to provide e-voting facility, while publishing public notice as required the following should be stated:- A statement that EGM is convened through VC or OAVM in compliance with the act and said circular, date & time of EGM, availability of notice on website of Co. & SE, manner of voting, manner of registering e-mail id with Company, any other detail necessary.
- In case of companies not required to provide e-voting facility, if at all shareholders of the Company are holding shares in physical format:
If their email address is not registered with the Company, management should call them or communicate them through any other mode, asking them to register their email id with the Company, so that the notice of EGM can be circulated to all the shareholders.
If contact details are not available, public notice by way of newspaper advertisement should be published immediately. The statement that Company is proposing to conduct EGM and for that the notice should be sent to all shareholders, at least after 3 days from publication date. The statement should also provide the details of email id and contact details of the Company, where the shareholders may contact to get their email id registered with the Company, for receiving the notice of EGM through email.
- The facility of voting by show of hands shall not be allowed. Only e-voting facility should be provided.
- In case of passing resolution through postal ballot without actually holding the EGM, Notice of the same should be circulated to the shareholders only through email and the assent/dissent of members would be communicated through remote e-voting system only.
For Companies which are not required to provide e-voting facility, Poll may be conducted through email. Shareholders shall send their voting (assent or dissent) only during the meeting on the designated email address provided by the company for the Poll and not before that.
The said Circular can be accessed through the following link: MCA_Circular 17_13.04.2020_Further clarification on holding of EGM