My Audit report date is 01-09-2012.
Please inform me Notice is date and agm date
hanumantharao (executive) (36 Points)
17 October 2012My Audit report date is 01-09-2012.
Please inform me Notice is date and agm date
Dipjyoti Majumdar
(CA in service & CS. dipmaj@ rediffmail.com )
(3468 Points)
Replied 17 October 2012
usually notice date and audit report and directors' report date are same. However, date of notice can be after date of Board's report and audit report date.
AGM holding date shoudl be at least 21 days after notice issue date. indly go through section 171(1).
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17848 Points)
Replied 17 October 2012
In case your Date of Auditors Report is 01/09/2012 you need to hold your board meeting as on the same day i.e. 01/09/2012 therefore your Directors' Report and Notice are also to be dated as on 01/09/2012.
However, in case you want to hold your AGM on 30/09/2012, the date of notice may extend upto 6th September, 2012
CA.SKR
(CA; CS-Final (One Group); DISA (ICAI); Insolvency Professional)
(442 Points)
Replied 17 October 2012
| Originally posted by : CS Ankur Srivastava | ||
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In case your Date of Auditors Report is 01/09/2012 you need to hold your board meeting as on the same day i.e. 01/09/2012 therefore your Directors' Report and Notice are also to be dated as on 01/09/2012. However, in case you want to hold your AGM on 30/09/2012, the date of notice may extend upto 6th September, 2012 |
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Fully agree with Dipjyoti Majumdar but partly agree with your opinion. Date of Auditors Report and Directors Report have to be same but date of Notice can be a later date. Only Draft of Notice of AGM is to be approved in the BM in which Auditors Report and Directors Report are signed.
Secondly, in my opinion 30th September 2012 being Sunday, no AGM can take place on Sunday or other holidays. Please correct me if I am wrong on the above points.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17848 Points)
Replied 18 October 2012
Ya absolutely right, i have given an example of 30th September, 2012 and yes, notice can be approved at a later date and i have written it in my earlier reply that it may be extended.
Smriti Dhawan
(Company Secretary )
(347 Points)
Replied 18 October 2012
| Originally posted by : CA.SKR | ||
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Originally posted by : CS Ankur Srivastava In case your Date of Auditors Report is 01/09/2012 you need to hold your board meeting as on the same day i.e. 01/09/2012 therefore your Directors' Report and Notice are also to be dated as on 01/09/2012. However, in case you want to hold your AGM on 30/09/2012, the date of notice may extend upto 6th September, 2012 Fully agree with Dipjyoti Majumdar but partly agree with your opinion. Date of Auditors Report and Directors Report have to be same but date of Notice can be a later date. Only Draft of Notice of AGM is to be approved in the BM in which Auditors Report and Directors Report are signed. Secondly, in my opinion 30th September 2012 being Sunday, no AGM can take place on Sunday or other holidays. Please correct me if I am wrong on the above points. |
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In my view Directors Report and Auditors Report are not required to be signed on same date. As per Section 217 of Companies Act , Directors Report contains explanation to qualification in Auditors Report . Its normal practice that Auditor Report , Directors Report and Notice is signed on same date but Directors Report can be signed after the date of signing of Auditors Report.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17848 Points)
Replied 18 October 2012
Yes, Smriti... Usually it is a practice that the all of above documents are executed on the same day. However, the Director Report may be dated after the date of Balance Sheet and Auditors Report and Notice shall be dated at last of all of such documents.
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