Adoption of consolidated accounts after 10 months

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Unlisted Public Limited Company (Financial Year based accounts)

 

Standalone audited accounts -signed by auditors on 8.9.2023

Consolidated audited accounts (incl of foreign subsidiary having Calendar year as accounting year)-signed by auditors on 31.1.2024

Adoption of Standalone audited accounts at AGM on 30.9.2023

Adoption of Consolidated audited accounts in January 2024- beyond 10 months

Can we make application to NCLT for compounding of the delay or is there any other alternative?




Replies (4)
Quick Summary
This discussion addresses a company's delay in adopting consolidated audited accounts, which were signed in January 2024, exceeding the 10-month deadline from the financial year-end. The company, an unlisted public limited entity, is seeking advice on whether an application to the National Company Law Tribunal (NCLT) for compounding the delay is appropriate, especially given the absence of rational causes for the delay and the directors' concerns about penalties. Alternative options such as applying to the Registrar of Companies (ROC) for an extension or seeking a waiver from the Ministry of Corporate Affairs (MCA) are also being considered, with a strong recommendation to consult with professional advisors.

Based on the Companies Act 2013 and the Companies (Accounts) Rules 2014, the company is required to adopt the consolidated financial statements within 10 months from the end of the financial year. Since the company has missed this deadline, you may make an application to the National Company Law Tribunal (NCLT) for compounding of the delay.

Additionally, you may want to consider the following options: - File an application with the Registrar of Companies (ROC) for an extension of time. -

 Obtain a waiver from the Ministry of Corporate Affairs (MCA). - Seek professional advice from a company secretary or a legal expert to explore other alternatives.

 Please note that the NCLT or the ROC may consider factors like the reasons for the delay, the company's history, and the impact on stakeholders before granting approval.

It's essential to consult with a qualified professional to determine the best course of action and ensure compliance with the relevant regulations.

Many thanks. Sir.

It is exclusively family owned unlisted public limited company. Directors are afraid about penalty,  as for the first time, secretarial audit is taking place, which was due long back. Hence, rational causes for such delay are not there.

Many thanks. Sir.

It is exclusively family owned unlisted public limited company. Directors are afraid about penalty,  as for the first time, secretarial audit is taking place, which was due long back. Hence, rational causes for such delay are not there.

Separate disclosures for adoption are always desirable

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