Companies Act

MCA relaxes minimum residency period of 182 days by director u/s 149 for FY 2020-­2021

MCA relaxes minimum residency period of at least 182 days by at least one director u/s 149 of the Companies Act, 2013 for FY 2020-­2021

General Circular No. 36/2020

File No.2/01/ 2020-CL-V
Government of India
Ministry of Corporate Affairs

5th Floor, ‘A’ Wing, Shastri Bhawan,
Dr. R. P. Road, New Delhi-110001.

Dated: 20th October, 2020

To
The DGCoA,
All Regional Directors,
All Registrar of Companies, All Stakeholders.

Subject: Special Measures under the Companies Act, 2013 and Limited Liability Partnership Act, 2008 in view of COVID- 19 outbreak-Extension — reg.

Sir/Madam,

In continuation to General Circular No. 11/2020 dated 24th March 2020, keeping in view the requests received from various stakeholders seeking relaxation from the residency requirement of 182 days in a year and after due examination, it is hereby clarified that non-compliance of minimum residency in India for a period of at least 182 days in a year, by at least one director in every company, under section 149 of the Companies Act, 2013 shall not be treated as non-compliance for the financial year 2020-­2021 also.

2. This issues with the approval of the competent authority.

Yours faithfully,

(KMS Narayanan)
Assistant Director (Policy)

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