Khushbu (Practising Company Secretary) (127 Points)
18 January 2013
Dipjyoti Majumdar
(CA in service & CS. dipmaj@ rediffmail.com )
(3468 Points)
Replied 18 January 2013
Yes. The signing of CS in the financial statements is restricyed to authentication. That he certifies they are not fake and genuine. He does not take responsibilty as to the accuracy of them.
But your question is very interesting. How come the accounts of 31st March 12 is being approved by Board now ? The time for holding of AGM has expired assuming no extension is taken and this is not the first year.
can you please expalin.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 18 January 2013
He can not sign in on or after december. If the appointment of COmpany Secretary has been made on or before the date of Board Meeting wherein the Balance Sheet is approved, then the Company Secretary may sign on the balance sheet irrespective of the fact that he was there or not during the year. If the CS is present in the Board Meeting approving the results he may sing on the Balance Sheet otherwise not.
Khushbu
(Practising Company Secretary)
(127 Points)
Replied 19 January 2013
To,
Dipjyoti Majumdar
We had adjorned the AGM for adoption of Accounts.
Tanveer Md Masood
(Indispensable)
(361 Points)
Replied 20 January 2013
A cs can sign the balance sheet only if he is authorised by the Board in board meeting- Morver, it is not mandatory for CS to sign the balcesheet- as per sec.215 , balance sheet needs o be signed either by the secrtary or the manger and by atleast two directors one of whom must bethe managing director of the company. as per adoption of annual accounts and balance sheet is concerned , sec.210 ias to be adhered.
regards
Tanveer Mohammad Masood
Khushbu
(Practising Company Secretary)
(127 Points)
Replied 21 January 2013
Thanx Mr. Tanveer, but since there is no Manager in the Company, a CS has to Sign it, right??
No need of Board authorisation as it is a statutory requirement since the paid up capital is more than 5 crores..And we cannot just assume the Direcotrs as Managers..right??
Please advice..
Dipjyoti Majumdar
(CA in service & CS. dipmaj@ rediffmail.com )
(3468 Points)
Replied 21 January 2013
You are saying that AGM was adjourned for adoption of accounts. So if it has been approved by Board and then notice for AGM was isued then how can you change the audited financials by adding the signature of CS now.
Or is it that accounts have not yet been approved and/or audited but notice of AGM was issued. AGM was held and then adjourned.
Regards,
Khushbu
(Practising Company Secretary)
(127 Points)
Replied 21 January 2013
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 21 January 2013
If CS is present in the Board Meeting wherein the accounts were approved, he has to sign on the Balance Sheet.
Tanveer Md Masood
(Indispensable)
(361 Points)
Replied 21 January 2013
Regards
Tanveer Mohammad Masood
CAclubindia
