14 January 2011
A private Co. has passed various resolutions at the various board meetings. the Certified copies of the resolutions were given to different banks, govt. authorities etc. But in the Compliance Certificates of PCS only some dates of the meetings are stated and the Compliance Certificates are alredy filed with ROC. PCS was not given all the dates of the meeting. WHAT IS THE SOLUTION TO RECTIFY THE DEFECT.
14 January 2011
Dear Taher I know that it is not necessary nor mandatory to include all the business in Compliance Certificate.But atleast the dates of the Board Meetings are to be stated in the Compliance Cetificate and in my case the dates on which the resolutions were passed are not included in the Certificate but the certified copy of resolutions passed on those dates are already submitted to various authorities. Dates of the meetings in the CC do not match with the records kept by the Company.
14 January 2011
As per my understanding, it is a serious offence as far as the PCS is concerned though it is a mistake on the company's part for not furnishing the required details for certification. In such a situation, the PCS can issue a revised CC stating therein the reason for revision therein. However, as far as the company's point of view,in the light of the MCA's recent circular no. 5/2010 dated 22/11/2010, they may not be,I presume though not practically experienced, able to file another set of e-form 66 once the earlier one filed is approved by the MCA Portal.
CAclubindia
