24 August 2016
In a Section 8 company not having share capital, the chairman of the company is not available as he is abroad. Md is not appointed in the company. So as per Sec 134(1) of the Companies Act 2013, who shall sign the financial statement of the company to be treated as valid. According to Sec 134(1) the financial statemnet shall be signed by chairperson of the company, if authorised by the Board or 2 directors out of which one shall be MD and CEO,if he is director, CFO and CS, wherever appointed.
As per section 134 financial statements should be signed by chairperson or atleast by Two directors or by one director in opc company but in your case no MD is appointed and director is in abroad.
So in my opinion only chairperson can sign it and u have to wait until he comes back.
25 August 2016
Sir, But how we will get it approved at AGM if we wait for him.Can we adjourn AGM for this point only that it is not signed and we need to wait and finish rest agenda points in AGM.