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Query regarding attachments of forms 20b, 23ac, 23aca

yashsr (CA) (2285 Points)

31 March 2012

Hello,

Do the attachments to the forms 20B, 23AC, 23ACA like Auditor's Report, Director's Report, B/s, P/L, Schedules etc. have to be signed by the auditor/directors and then scanned in pdf format and attached or do they have to be shown as 'Sd/-' and digital signature is enough and physicaly signature is not required? Or does either way do the job?

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14 Replies

RAHUL (PROFESSIONAl CS cum Faculty) (335 Points)
Replied 31 March 2012

both signatures are required

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yashsr (CA) (2285 Points)
Replied 31 March 2012

Originally posted by : RAHUL
	both signatures are required

are you sure? I've uploaded forms without physicaly signatures and they were approved by the MCA. Obviously the digital signatures of 1 director and of the auditor were attached without which the forms won't be accepted.

prakash (Company Secretary) (1352 Points)
Replied 31 March 2012

The above said attachments to forms should be physically signed by authorized officials under companies act and forms should be affixed with digital signature of authorized officials.in that case both kind of signatures are mandatory.

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Priyanka (Assistant Company Secretary) (905 Points)
Replied 31 March 2012

No question of approval arises because as soon as the 20B, 23AC & ACA forms are filed it gets approved by the system.Although even I had seen some forms filed as Sd/-

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yashsr (CA) (2285 Points)
Replied 31 March 2012

Originally posted by : Priyanka
	No question of approval arises because as soon as the 20B, 23AC & ACA forms are filed it gets approved by the system.Although even I had seen some forms filed as Sd/-

So in case of emergency, does that do the job? In my case, the directors are out of India and its already been so late to file these forms since these are of Financial Year 2010-11 and should have been filed in October. So already the penalty is mounting!!

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Priyanka (Assistant Company Secretary) (905 Points)
Replied 31 March 2012

Yah....it works but if already fine is mounting then I think u should wait for your director to come.

yashsr (CA) (2285 Points)
Replied 31 March 2012

Originally posted by : Priyanka
	Yah....it works but if already fine is mounting then I think u should wait for your director to come.

Well the whole purpose of doing it with 'Sd/-' instead of their physical signatures is because the penalty is mounting and directors are out of India...!! LOL

Priyanka (Assistant Company Secretary) (905 Points)
Replied 31 March 2012

I think u misinterpretd becoz what matters is the time taken by them to return. If its within days why to go out of practice.otherwise its completely ur choice.

1 Like

Charu Srivastava (Company Secretary) (4210 Points)
Replied 31 March 2012

You can upload the attachments with Sd/-.There is no default whatsoever. The concept od Sd/- was introduced to avoid uncessary delay caused through non availability of the directors or uthorised signatory.However it is advisable to upload form with physical signatures.

2 Like

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 01 April 2012

Dear Charu, when we upload the form with the MCA, we have to put the digital signatures of Director and the Professional. What it mean is that they themselves are affixing the digital signatures as no person other than authorised can use the digital signatures. So if the directors are outside the India, then the person uploading the form should wait to come and after the director return to India, director themselve should affix the signature and the form should be filed. Other way out can be to mail the unsigned e form and the directors at their end will affix the dsc and the form can be uplaoded after receiving the mail from director, by the Professional to avoid the additional filing Fees.

Now talk about the the word"Sd/-", in FAQ of MCA it says that attachments in respect of Form 23 AC and ACA can only be FILED BY USING THE WORD "Sd/-' and teh Annual return has to be get signed and to be scanned. Moreover the word "Sd/-" can be used only when the Company has the physically signed documents i.e. balance sheet and profit and loss accounts but to avoid the heavy size problems the company is converting the word file into pdf by using the word 'Sd/-'. Even when the word "Sd/-" is used then keep in mind that you will not scan the document rather to convert the same into PDF.

Moreover teh using of word "Sd/-' is applicable only for Annual Filing and not for other E Forms.

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yashsr (CA) (2285 Points)
Replied 01 April 2012

Hello Mohit,

Thanks! Can I please get the link to the FAQ that you're mentioning?