Date of signing director's report after agm date

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

29 October 2012 What are the consequences if Date of AGM is 29/08/2012 and Form 23AC Showsdate of Signing Boards Report 20/09/2012????

Can date of signing Board's report be after notice of AGM????

CA AYUSH AGRAWAL

CA AYUSH AGRAWAL (Expert)
Follow

29 October 2012 Only After Director Report, AGM Can be Called, So Date of Director Report Should be Before 21 Days of AGM Only or We Can Say Attach With Audit report Date.

Querist : Anonymous

Querist : Anonymous (Querist)

29 October 2012 what if 23AC is already filed showing AGM notice Date and Board's Report date 29/08/2012 and 23AC Shows date of signing Board's report as 20/09/2012. AGM held on 26/09/2012........

Upgrade to CAclubindia Pro. Subscribe Now!

CA AYUSH AGRAWAL

CA AYUSH AGRAWAL (Expert)
Follow

29 October 2012 This is Mismatch Only, Because in One Form, You are Providing Date 29/8 & in Another Form For Same Thing Different Date is Given.
In This Case, Revised 23AC/A Also Not allowed.
This is Rectification Mistake, & You Can Rectify it After Vising ROC Office.

Querist : Anonymous

Querist : Anonymous (Querist)

29 October 2012 DATES SHOWN IN FORM 23AC, PLEASE LET ME KNOW IS IT CORRECT OR NOT......??????
attachment of notice and Director's report shows date-29/08/2012

date of Board's Meeting in which Bal Sheet was approved Shows Date 18/09/2012

date of signing bal sheet by directors shows 20/09/2012
Date of Board of directors' meeting in which Board's report referred shows 20/09/2012
date of signing Board's Report Shows 20/09/2012
Date of Sign by auditors 20/09/2012

Pl let me know the Consequences if above dates are wrong.

CA AYUSH AGRAWAL

CA AYUSH AGRAWAL (Expert)
Follow

29 October 2012 Your Query Have Multiple Dates.
Can You Specify The Exact Matter.
I Will Tell You Rule.
What happen is:-

Sequence:-
Date of Audit report
After That Board Report &
After That Notice.

These Above Three Things Can be Done on Same Day or in Sequence Also as That I Written.

After That Atleast 21 Clear Days AGM Should be.

Querist : Anonymous

Querist : Anonymous (Querist)

29 October 2012 First of all thanks for giving answer to my confusing question.

i have filed 23AC and i have doubt that i have done some mistakes.

my question is,
notice for AGM was issued on 29/8/2012 and in form i have written date of date of board's Report 20/09/2012.......

So, Is it possible to prepare audit report and sign the same by director and auditor after notice of AGM is issued???????

CA AYUSH AGRAWAL

CA AYUSH AGRAWAL (Expert)
Follow

29 October 2012 No, Its Not Possible.
How Can You Give Notice Before Report have Been Signed by Auditors. ??

Upgrade to CAclubindia Pro. Subscribe Now!

Querist : Anonymous

Querist : Anonymous (Querist)

29 October 2012 so what should i do now?

CA AYUSH AGRAWAL

CA AYUSH AGRAWAL (Expert)
Follow

29 October 2012 Nothing...Go to ROC Office & ask for Rectification.....

Otherwise It s also not a big issue....

Querist : Anonymous

Querist : Anonymous (Querist)

29 October 2012 thanks for your help. and are you sure it is not big issue?

CA AYUSH AGRAWAL

CA AYUSH AGRAWAL (Expert)
Follow

29 October 2012 Yes, This is Only My Understanding.

Other Views are Solicited.

Upgrade to CAclubindia Pro. Subscribe Now!

Ajay Mishra

Ajay Mishra (Expert)
Follow

29 October 2012 Hi

Expert Ayush has given best answers to your query.

Section 219(1) lays down that a copy of every balance sheet (including the profit and loss account, the
auditors' report and every other document required by law to be annexed or attached, as the case may be, to
the balance sheet) which is to be laid before a company in annual general meeting be sent to following
persons not less than twenty-one days before the date of the meeting:—
(a) to every member of the company;
(b) to every trustee for the holders of any debentures issued by the company, whether such member or
trustee is or is not entitled to have notices of general meetings; and
(c) all persons other than such members or trustees, being persons entitled to notice.
If default is made in complying with section 219(1), the company, and every officer of the company
who is in default, shall be punishable with fine which may extend to five thousand rupees.

Dear Questioner.....Unless the Balance sheet and profit and loss adopt and signed by directors and auditor can not be send to the members or made it publicly. For sending such Annual report Act demand it must be send before 21 days.

SO, as per my understanding it should be adopted before 21 days before AGM.