204 and 92

prakash (Company Secretary) (1352 Points)

30 November 2014  

Dear All,

one of our cleint company's (Listed Company) financial year ends on 30.06.2014, do the company need to attach annual return as per section 92 and secretarial audit report as per section 204 of the companies Act, 2013.

it provided under section 204 of CA, 2013 that every listed company shall annex with its board's report, made in terms of section 134, secretarial audit report, given by a company secretarary in practice but as per MCA circular, companies financial year starting before 1st April, 2014, they can prepare directors report as per companies Act, 1956, hence company prepared director report as per section 217 of the Companies Act, 1956. therefore i am of opine that company not required to take secretarial audit report from PCS and attach to boards report while sending to shareholders. for financial yearing ending 30.06.2014.

i am taking same interpretation for annual return.

experts can give their valuable ideas