[2021/05/25]
The Ministry of Economic Affairs has issued a press release dated May 20, 2021 that in the event that the non-public company is either unable to convene the general shareholders’ meeting or cannot apply to the competent authority for postponing general shareholders’ meeting due to the epidemic, the company may, at its own decision, postpone the general shareholders’ meeting without being imposed with a fine by the Department of Commerce pursuant to the Company Act.
Moreover, the Department of Commerce of the Ministry of Economic has also release a “Q&A regarding non-public companies convening shareholders’ meeting in response to the epidemic” dated May 21, 2021 expressly stating relevant precautions for non-public companies to postpone the general shareholders’ meeting in response to the epidemic.
The “Q&A regarding non-public companies convening shareholders’ meeting in response to the epidemic” indicates that the company may, at its own decision, postpone the general shareholders’ meeting to any date prior to August 31, 2021 if it is unable to convene the general shareholders’ meeting due to the epidemic. On the contrary, in the event that the company intends to postpone the general shareholders’ meeting to any date after August 31,2021, the company shall get approval of competent authority pursuant to Paragraph 2 of Article 172 of Company Act, but the general shareholders’ meeting shall still be convened by December 31, 2021.
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