Ours is a public limited company.

The head of our finance department has been designated as "Director- Finance" even though is not a member of the Board of Directors of the Company. He also signs the balance sheet and the profit & loss account of the company along with two directors and the company secretary.

In this regard, is it fair (legally or otherwise) to designate the employee as "Director- Finance" even though he is not a member of the Board?

Secondly, can the Board pass a resolution authorising him to sign the balance sheet and the profit and loss account along with other directors? What would be the legal implications of this practice.

I request for expert's views on the matter.

Thanks

As per section 215 of the Companies Act, 1956, every balance sheet and every profit and loss account of the company should be signed by the Company Secretary and by not more than two directors of the Company one of whom shall be a managing director where there is one.

In our Company, the Auditors had made a practice that apart from the two Directors and the Company Secretary, the head of the Accounts Department (even though he is not the director)sign the balance sheet and profit and loss account.Is this practice is ok? If so, whether a Board resolution to that effect is required?

I seek advice from experts.

Thanks

One of our clients appointed a managing director in Nov,09 and filed form 32 in nov.09 They carried out the employment agreement stating M.D is appointed in Jan, 2010.

They started paying salary in march. Now the question from the view of Income tax is 'will the M.D be liable to pay tax on salary from nov, 09 or march 2010.

In case of subscriber to MOA by foreigner, How to attest the document by foreign embassy or apostille?

Can a Company X utilize loan taken by bank fro giving loan or advance to another related or group Co. Company Y.

Whats the Procedure involved in it.
As a Auditor what points in it need to be checked.

Kindly Review the Sections affected.

Dear der

My company is a private company, and wants to shift its registered office within one district to another but under the jurisdiction of the same ROC. is there any need to pass a special resolution for members approval?

is the company is bound to file Form 5 with ROC for increase of authorised capital of Section 25 Companies, if so what will be the fee?

kanwal

dear sir,
kindly provide me formet of resolution for Appointment of new director,
regards
prabhakar

What is the logic behind having the different rate of depreciation as per Companies Act and As per Income Tax. Is it really required to have the difference. Is there any basis for finding out rate of depreciation as per Co.Act and I.T.Act.

Why these should not be rationalised

1) To avoid to keep different record of Fixed Assets
2) To avoid deferred tax on dep.

a director of public limited company becomes and employee of the same company after his appointment as director and getting remuneration, ...whether provision of Section 314 is attracted if yes what is the procedure