Pvt. ltd.-whether date of signing of annual report and agm ?

Pvt ltd 8848 views 5 replies

Sanjay Agarwal

MANAGER

165 Points Joined March 2009

Ours is a Pvt Ltd Company.

Our CA signed Audit reprot and Annual Report and dated: 30-9-2011.

Also, while submitting Income Tax Return on 30-9-2011, Date of Audit has been mentioned as 30-9-2011.

In the Annual Report, we had dated Directors Report and Notice of AGM as 5-9-2011 and

mentioned the Date of AGM in notice as 30-9-2011.

Our another CA/CS consultant for ROC filing says that the last date of AGM cannot be beyond 30-9-2011 ( within 6 months of end of financial year or 15months since last AGM),

so the date of Annual Report=Auditors Report , Directors Report and Notice of AGM and Final A/cs has to be atleast before 21 days i.e. before 8-Sep-2011.

Experts Advice is needed Urgently.

Replies (5)

CS Ankur Srivastava

Company Secretary & Compliance Officer

17858 Points Joined November 2008

Dear Sanjay,

The dates as above quoted are not as per the requirement of Companies Act, 1956. The last date of AGM should be 30th September (in accordance with section 166 read with section 210). Therefore, the Notice, Auditors' Report, Director Report all should be dated atleast 25 days before the date of AGM.

The process should be as under:

1. Prepare Annual Accounts

2. Get them Audited

3. Hold Board Meeting approve the accounts

4. Send the accouts to the Auditors for comment and adjurn the meeting

5. Reassemble the meeting and and get the auditors report and note the remarks if any

6. Approve the Directors' Report

7. Determine date, time and venue of AGM

8. Determine date of book closure

9. Determing directors liable to retire by rotation

10. Discuss all the matters to be transacted in the AGM.

11. Approve the notice

12. Dispatch the notice

This date of dispatch should be atleast 25 days before the date of AGM.

CS Ankur Srivastava

Company Secretary & Compliance Officer

17858 Points Joined November 2008

THE ORDER OF DATES SHALL BE AS UNDER:

1. DATE OF BOARD MEETING SHALL BE THE DATE OF SIGNING OF ANNUAL ACCOUNTS AND THE SAME DATE BE USED BY THE AUDITORS FOR THEIR AUDITORS REPORT.

2. THE DIRECTORS REPORTS SHALL BE ON OR AFTER THE DATE OF AUDITORS REPORT.

3. THE NOTICE SHALL BE DATED AT LAST.

4. IT IS RECOMMENDED TO HAVE THE SAME DATE ON ALL THE ABOVE DOCUMENTS.

Charu Srivastava

Company Secretary

4210 Points Joined July 2010

Agreed and well explained by Mr. Ankur.

CS Ankur Srivastava

Company Secretary & Compliance Officer

17858 Points Joined November 2008

Thank you Charu ji....

CS MOHIT SALUJA

PRACTICING CS Jalandhar 9914558709

5155 Points Joined April 2010

Dear Ankur Ji, what if the auditor has filed the balance sheet with Income Tax Department with date 30.09.2011 as there is need to file the balance sheet with IT on or before Sep. 30.And when we proceed for annual filing on or before Oct. 30, we mention date as Sep. 1 on notice, director report etc. tHEN WHAT DATE WILl be mentioned on Balance Sheet. Will it be Sep.1 or Sep. 30. and if we mention Sep.1 for ROC filing, then will it not contravene.

Please reply. Urgent