we filed ADT 1 and other relevant documents in GNL 2 for auditor's appointment by considering date of AGM 30/09/2014 but after filing it company find that date of AGM is 15/09/2014 because one of the director was not available on 30/9/2014.now how can we rectify the ADT 1 & GNL 2 for auditor appointment?
It is a private ltd co and annual return is not filed due to this reason.as 2 directors are outside indaindia at the date of AGM after filfilling ADT1 we came to notice this5 Replies
CS Adnan Shaikh
(Company Secretary)
(1301 Points)
Replied 15 December 2014
In my opinion, presence of Director is not mandatory for AGM (except for listed co, the Chairman of audit committee should be present in AGM). Which type of co you are dealing with? Have you filed other annual filing forms with AGM date 15/09/2014?
Chaitali
(CA)
(64 Points)
Replied 16 December 2014
It is private limited company. bcz of above issue we have not filed the Annual return.
CS Mitesh Mehta
(Company Secretary)
(17139 Points)
Replied 16 December 2014
You can try to file Form-67 i.e ‘form for filing addendum for rectification of defects or incompleteness’.
Chaitali
(CA)
(64 Points)
Replied 16 December 2014
but form 67 is filed only if any query is generated by ROC regarding auditor's appointemnt
CS Mitesh Mehta
(Company Secretary)
(17139 Points)
Replied 16 December 2014
You can file FORM 67 in case status of the your form GNL -2 is ‘Pending for user clarification’ (PUCL).
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