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Signing of annual accounts at AGM

sunita (ACS) (51 Points)

03 November 2009

Please advice if it possible that date of AGM and signing of annual accounts by auditor and director is same.Within what time should annual accounts be signed by auditor and director after its approval in board meeting.I am confused as AGM date is 30.09.09 and date of signing the annual accounts, auditor report , director reports is also the same.please help

Thanks & Regards

ACS SUNITA

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6 Replies

VARUN (PCC STUDENT) (523 Points)
Replied 03 November 2009

yes it is possible that the date of signing of annual accouts by auditor and director will be same ...

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 03 November 2009

No.

Date of AGM and date of signing of account can’t be same.

Take the date of board meeting in which you adopt the annual account as signing date.

Reason being when you sent notice of AGM along with annual accounts to the shareholders it is presumed to be signed.

Regards

sunita (ACS) (51 Points)
Replied 03 November 2009

Thats rite Mr. Ankur but can u suggest me anything to solve my problem.

Problem is now we can't extend the AGM date as its already very late as per my discussion with ROC people and even can;t change annual account dates due to some statutory liability unpaid till sept .Last date of signing the balancesheet is 30.09.09.I think there is no way out. If you have any suggestion plz help.

Thanks & Regards

ACS SUNITA

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 03 November 2009

If your company is a private company with few number of shareholders then you may go for shorter notice AGM.

Hold a board meeting on 30.09.09 adopt accounts and adopt AGM notice and hold the AGM on 30.09.09 itself.

sivaram (Asst Mgr-Taxation) (6918 Points)
Replied 04 November 2009

Thanks ankur sir for giving your views on the same

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sunita (ACS) (51 Points)
Replied 04 November 2009

we are a private concern but shareholders are about 50 including foreigners. In that case i think short notice AGM will not work. Can we file the annual accounts with a letter as encloser for delay in AGM. Will it be acceptable by the ROC or it will create more problem for us.Any other suggestion for the same ?

ACS SUNITA