in MGT-7, whether DSC of a CS/ CS in practice is required in all the companies?
URGENT PLEASE HELP
11 Replies
CA Pranali Dalvi
(Deputy Manager - Finance & Accounts)
(62 Points)
Replied 01 October 2015
Section 92 of the Companies act 2013 states the following regarding authentication of annual return,i.e,MGT -7:
All Companies (Except OPC)
Annual Return shall be signed by –
- a director and the company secretary, or
- where there is no company secretary, by a PCS
OPC and small company
Annual Return shall be signed by –
- the company secretary, or
- where there is no company secretary, by the director of the company.
CS Kanchan
(CS)
(37 Points)
Replied 02 October 2015
If a company have CS then CS can affix DSC, if there is no requirement of CS in company then by practising CS.
Dhaval Rupani
(CA CS)
(35 Points)
Replied 02 October 2015
CS in Practice if No CS there of the Company
CA-AK
(CA)
(600 Points)
Replied 03 October 2015
It means now CA cannot attest MGT 7 as previously they do in 20 B.
zalak
(partner)
(44 Points)
Replied 03 October 2015
Current Form MGT-7 requires compulsory digital signature of cs,even in case of small companies, Whereas act states it can be signed by Director of the Company where there is no Company secretary. It seems there is some error in Form.
Abhijit Ghosh
(.)
(618 Points)
Replied 03 October 2015
What is the crieteria of Small Company, please advice
Shashank
(Service in Accounts & Accounts)
(22 Points)
Replied 09 October 2015
As per Companies Act 2013 : -
"(85) ‘‘small company’’ means a company, other than a public company,—
(i) paid-up share capital of which does not exceed fifty lakh rupees or such
higher amount as may be prescribed which shall not be more than five crore
rupees; or
(ii) turnover of which as per its last profit and loss account does not
exceed two crore rupees or such higher amount as may be prescribed which shall
not be more than twenty crore rupees:
Provided that nothing in this clause shall apply to—
(A) a holding company or a subsidiary company;
(B) a company registered under section 8; or
(C) a company or body corporate governed by any special Act;"
shyam thapa
(Article)
(80 Points)
Replied 27 November 2015
Can MGT7 sign by PCS instead of Secretary of Company if the small company have Secretary.
Shashank
(Service in Accounts & Accounts)
(22 Points)
Replied 10 December 2015
Hi Shyam,
Please refer below conditions:
Case 1:
In case comapany is Small company: Director's signatures are required
Case 2:
In case comapany is not a small company, but is not required to employ permanent Comapany Secetary: Practicing Company Secetary could sign form.
Case 3:
In case company is required to employ Company Secetary: Company Secetary so appointed will sign the form.
PRANAV RANJAN
(Corporate Advocate)
(21 Points)
Replied 23 December 2015
Please advice for filling FORM-MGT7, is it compulsory required signature of CS for all limited company?
Ishan
(a)
(24 Points)
Replied 02 May 2016
I am filling MGT-7 of a small company only, but still it is showing an error on doing check form
"To be digitally signed by Company Secretary/Company secretary in practice not entered. Please enter."
Please advice how can I rectify the above.
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