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Section 134 (3),companies amendment act,2017

Law Aspire (CS) (755 Points)

06 August 2018

How we will be able to comply Section 134(3) (a) .of Companies amendment act,2017

The reason is that annual return is an e form , form name is mgt-7, which will be filed only after conducting of AGM.

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9 Replies

Santhosh Gundinahole (Studnet) (347 Points)
Replied 06 August 2018

Note: More clarity required in your query. Please specify what is your exact query is.

Section 134(3) (a) is as follows-

[3] There shall be attached to statements laid before a company in general meeting, a report by its Board of Directors, which shall include—

[a] the extract of the annual return as provided under sub-section [3] of section 92;

Here Annual return shall be prepared earlier to AGM and attached to Director's Report.

Objective of Annual return

The basic purpose of filing annual return with the Registrar of Companies (‘ROC’) is to provide the annual information about the Company to the ROC and its members about the Company’s general compliances. It is the responsibility of the management to file the annual return with the ROC.

Preparation of Annual Return: Every company shall prepare an Annual Return in Form No. MGT-7 containing the particulars as they stood on the close of the financial year.

You must file Form MGT-7 with ROC within 60days from the date of completion of AGM.

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Law Aspire (CS) (755 Points)
Replied 06 August 2018

Refer companies amendment act ,2017

Santhosh Gundinahole (Studnet) (347 Points)
Replied 06 August 2018

Which part of amendment act, 2017?

Here the Sec 134(1) (a) of Companies (Amendments) Act, 2017.

In section 134 of the principal Act,—

(a) for sub-section (1), the following sub-section shall be substituted, namely:— "(1) The financial statement, including consolidated financial statement, if any, shall be approved by the Board of Directors before they are signed on behalf of the Board by the chairperson of the company where he is authorised by the Board or by two directors out of which one shall be managing director, if any, and the Chief Executive Officer, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the case of One Person Company, only by one director, for submission to the auditor for his report thereon."

Tell me what is your exact query is?

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Replied 06 August 2018

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Law Aspire (CS) (755 Points)
Replied 07 August 2018

Originally posted by : Santhosh Gundinahole
	Which part of amendment act, 2017?Here the Sec 134(1) (a) of Companies (Amendments) Act, 2017. In section 134 of the principal Act,— (a) for sub-section (1), the following sub-section shall be substituted, namely:— "(1) The financial statement, including consolidated financial statement, if any, shall be approved by the Board of Directors before they are signed on behalf of the Board by the chairperson of the company where he is authorised by the Board or by two directors out of which one shall be managing director, if any, and the Chief Executive Officer, the Chief Financial Officer and the company secretary of the company, wherever they are appointed, or in the case of One Person Company, only by one director, for submission to the auditor for his report thereon." Tell me what is your exact query is?

check original query and section mentioned in it

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Santhosh Gundinahole (Studnet) (347 Points)
Replied 07 August 2018

Here the said provision referring the extract of annual return, not the annual return.

Extract of annual return specified in Form MGT-9 which is not an e-Form, shall be attached to Director's Report as per Section 134(3), not MGT-7.

MGT-9 Shall be prepared separately, which can be prepared before AGM.

I hope this is your query.
If not please clearly mention it. It's not so clear as you think.

Law Aspire (CS) (755 Points)
Replied 07 August 2018

Originally posted by : Santhosh Gundinahole
	Here the said provision referring the extract of annual return, not the annual return.Extract of annual return specified in Form MGT-9 which is not an e-Form, shall be attached to Director's Report as per Section 134(3), not MGT-7.MGT-9 Shall be prepared separately, which can be prepared before AGM.I hope this is your query.If not please clearly mention it. It's not so clear as you think.

first you read amendment act