The Companies (Management and Administration). Second Amendment Rules, 2018. MCA Notification

The Companies (Management and Administration). Second Amendment Rules, 2018. MCA has amended the Companies (Management and Administration) Rules 2014. The hist of amendment made is as under:

Existing Rules Amendment

13. Return of changes in shareholding position of promoters and top ten shareholders.- Every listed company shall file with the Registrar, a return in Form No. MGT.10 along with the fee with respect to changes relating to either increase or decrease of two percent, or more in the shareholding position of promoters and top ten shareholders of the company in each case, either value or volume of the shares, within fifteen days of such change.

Explanation.- For the purpose of this sub-rule, the “change” means increase or decrease by two percent or more in the shareholding of each of the promoters and each of the top ten shareholders of the company

Omitted

15. Preservation of register of members etc. and annual return

(6) A copy of the proposed special resolution in advance to be filed with the registrar as required in accordance with first proviso of sub-section (1) of section 94, shall be filed with the Registrar, at least one day before the date of general meeting of the company in Form No.MGT.14.

 

Sub Rule (6) omitted

18. Notice of the meeting

Explanation.- For the purpose of this rule, it is hereby declared that the extra ordinary general meeting shall be held at a place within India.

Explanation after clause (ix) omitted

22. Procedure to be followed for conducting business through postal ballot

(16) items of business to be transacted only by means of voting through a postal ballot-

Provided that One Person Company and other companies having members upto two hundred are not required to transact any business through postal ballot.

for the proviso, the following shall be substituted, namely:-

“Provided that any aforesaid items of business under this sub-rule, required to be transacted by means of postal ballot, may be transacted at a general meeting by a company which is required to provide the facility to members to vote by electronic means under section 108, in the manner provided in that section: Provided further that One Person Companies and other companies having members upto two hundred are not required to transact any business through postal ballot”

Form No.MGT-10 Form No. MGT-10 omitted

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