17 November 2010
if the AGM for the financial year ended 31/03/2009 ws held on 15/05/2010 which is beyond statutory time limits. what will be the clause in compliance certificate under point 6 for the for the compliance of 2010.
NOTE: forms were filed under CLSS SETTLEMENT SCHEME FOR THE PREVIOUS YEARS.
In my opinion the events which have taken place from 1/04/2009 to 31/3/2010 will be commented upon in the Complinace Certificate for the financial year ended 31st March, 2010.
In point 6 you can not mention that the AGM for the financial year ended 31st March, 2009 was held on31/05/2010 as the same was not held during the period under scrutiny(01/04/2009 to 31/03/2010).
You will have to mention that the Annual General Meeting of the Company for the financial year ended 31st March, 2009 was not held by the Company and the Company has violated the provisions of section 210(3)(b) of the Companies Act, 1956(This point should be highlighted in the Compliance Certificate)
The statement that the Annual General Meeting of the Company for the financial year ended on31st March, 2009 was held on 15/5/2010 will be shown in the Compliance Certificate for the financial year ended 31st March, 2011
In Annexure B, filing of Form 23AC, 23ACA and Form 20B will not be reflected as you must have filed the same on/ before 15/06/2010 and 15/07/2010 respectively and this will be reflected in the Compliance Certificate for the financial year ended on 31stMarch, 2011. In this year's complinace certificate only the details of the forms and returns filed by the Company with the Registrar/Central Government/Regional Director during the period ended 31st March, 2010 only have to be reported!
As a note to Annexure B, you can mention the fact that the Company was registered under the CLSS and has paid reduced additional filing fees.
CAclubindia
