Certifiction of e forms by a practising professionals

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P.C. Joshi (Querist)

19 September 2011 Dear Friends,
What is the liability of a practising professionals who certifced some E forms as mostly the e forms are received on mail and certifed and sent bach to the client by e mail.I just want t know except prima facei correctness of the form and attachment, what else is the responsibility specially w.r.t. to the specific cases as under:

1. Where a form like form 23,5 and form 2 are certifed after a gap of abot 6 month from the date of event.

2. In case of a form2 certifed in which face value is rs 10 and premium is Rs 250/- per share and that too a pref. share. We do not know whether the actual allotment money has been received in cash/cheque or is a a book entry or even not received at all.

More and more views are welcome.

Thanks

PC Joshi

Aditya Maheshwari

Aditya Maheshwari (Expert)

19 September 2011 For form 5 & 23 for increase in capital you can check the resolutions passed and have a signed copy of the same and the amended MOA & AOA.

For form 2 you can have a signed list of allotees as per the format given by MCA and resolution specifying that amounts have been received and are hereby allotment of shares are made.

P.C. Joshi

P.C. Joshi (Querist)

19 September 2011 Dear Aditya,

Thanks a lot. The documenntation part is ok.But how will I justify that a preference share of Rs 10/- has been issued at a premium of Rs 240/- we know that a preference shareholder has no other right in the company except the right to predetermind dividend.

Secondly, how will a certifying professional will ensure whether the allotment money has been received or not pior to allotment.

regards

P.C. Joshi