Sep 30, 2020

MCA Relaxation for Rights Issue Notices

The Ministry of Corporate Affairs (‘MCA’) had issued a Circular dated May 11, 2020, clarifying that, for rights issues opening up to July 31, 2020, the inability of listed companies to dispatch such notices would not constitute a violation of Section 62(2) of the Companies Act, 2013 (‘Companies Act’), so long as the requirements of the Circular dated May 6, 2020 issued by Securities and Exchange Board of India (‘SEBI’) are complied with (which grants certain relaxations regarding rights issues). This was issued in light of the difficulty being faced by listed companies in issuing notices due to the ongoing COVID-19 pandemic. By way of a Circular dated August 3, 2020, the MCA has extended the validity of its Circular to rights issues opening up to December 31, 2020.

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