01 November 2010
can you please clarify the following (PRIVATE LIMITED) 1)directors resigned on 06-09-2010, AGM held on 30-09-2010, 2)In Complaince Certificate did not mention about retirement of Director, because my CS told it will come next year, But 3)in Form 20B it asking for directors who ceased since last AGM,and directors as on this year AGM 4) i wanted to know whether to mention about retirement this year or not
In my opinion you will have to mention about the retirement of Director in the Annual Return as well as in Form 20B as in both these the facts as on the date of the AGM have to be mentioned.
2. However, your cs is right that the fact of the resignation of the Director will not be covered in this years compliance certificate as Compliance Certificate is about the position of the Company at the end of the financial year i.e.31st March, 2010. The Director of the Company had resigned after 31st March, 2010 so this will not be reflected in Compliance Certificate for the financial year ended 31st March, 2010. This will definitely get covered in the next year's Compliance Certificate.
You will definitley have to mention the fact of the retirement of the Director in Form 20B and Annual Return.
CAclubindia
