Smriti Dhawan
(Company Secretary )
(347 Points)
Replied 24 November 2011
As Per Section 165(5) of the Companies Act 1956, Company is required to submit Statutory Report in Form 22 immediately after the same has been sent to the members, So you have to Submit Form 22 with ROC after the Notice has been sent to members on 1.11.2011.
And regarding point No. 7 of Form 22, the details regarding the arrears, if any, due on calls from Directors ,Manager and Company Secretary is to be provided, it means the Director, Manager and Company Secretary who appointed in the Board Meeting and Shares where alloted to them, any amount which is outstanding but not received by the Company is to be mentioned.
Smriti Dhawan
(Company Secretary )
(347 Points)
Replied 24 November 2011
Form 22 is to be filed on the same date on which it has been sent to members of the company ie. on 01.11.2011. And according to Section 165(3)(d) all changes with regard to Directors, manager, Auditors and Company Secretary is to be mentioned which have taken since incorporation of Company, so even if EGM was called for the appointment of Director or Secretary, details should be given in Form 22.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 24 November 2011
PROCEDURE FOR STATUTORY MEETING
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 24 November 2011
IT IS CLEARLY SPECIFIED UNDER SECTION 165(5) THAT THE STATUTORY REPORT HAS TO BE SEND FORTHWITH THE COPIES SENT TO THE MEMBERS OF THE COMPANY.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 24 November 2011
Dear Neha ji,
Exactly in the point nos 7 to 10 Enter details for the change in particulars of directors and manager and secretary and auditors, if any.
The names, addresses and occupations of the directors of the company and of its auditors and manager, if any, and secretary and the changes, if any, which have occurred since the date of incorporation of the Company.
Gaurav Mishra
(Management Trainee)
(40 Points)
Replied 11 August 2012
Dear All,
Statutory Meeting held on 02.04.2012 and Statutory Meeting held on 04.04.2012 with the consent of 99% members in Form 24AA.
Form 22 filed on 03.08.2012. Now this form 22 is under resubmission with remarks "It is delay in filing, hence we may advised to go to clb for condonation of delay."
ROC has not referred any Section under which it is mandatory to go to CLB in case of delay in filing form 22. He just advised for the same.
I think since we have already paid additional fee for late filing, we don't need to go to CLB and also I have not found in the Companies Act to go to CLB in case of delay in filing of Form 22.
If you have any knowledge of any Circular or provision where it is mandatory to go to CLB, please let me know.
Please advice me is it ok to go to CLB for condonation just because ROC has asked for to do this OR we should go to ROC office personally and clarify the matter with the official who made this remarks.
Thanks
Gaurav Mishra
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India