SUNDARARAJ. P (ACCOUNTANT) (63 Points)
12 August 2010Dear Sirs,
A Pvt. Ltd Company has not filed ROC annual returns 2004-05 onwards. Neither AGM held nor B/s prepared. Now they decided to bring the compliance update under the EES.
Shall we put the current AGM date and notice date for all the previous years or should show as AGM not conducted during the privious years.
Please advice me.
Neha Gupta
(PCS)
(377 Points)
Replied 13 August 2010
Under EES, 2010 you have to file only following Documents:
1) Affidavits and Indemnity bonds from all Directors mentioning that company is not carrying any business since 2004-2005.. in which there in no need to mention any where whether the AGM of the Company is held or not.
2) A statement of accounts not more than 30 days before the date of filing of EEs form...for this get a latest accounts prepared only on basis of available previous records, make sure the liquid assets of the Company are zero. So not require to prepare B/s of previous years.
3)Address proofs of all directors certified by a practicing professional.
4) and Board resolution in current date authorizing the directors of Company to file EES form.
So no need to conduct any AGM and only get prepared latest accounts for filing EES
vivek
(CS)
(751 Points)
Replied 13 August 2010
SUNDARARAJ. P
(ACCOUNTANT)
(63 Points)
Replied 13 August 2010
Thank You very much for kind replies.
As Mr Vivek said, we are not in the process of u/s 560, only willing to update all filing matters.
IN Form 20B/23AC i have filled as under:
Financial Year ending 2005
AGM held - No
Due Date of AGM - 30/09/2005
Extention granted - No
Date of AGM in which accounts are adopted by shareholders - 28/07/2010
Notice dated - 05/07/2010
Is it correct?
Payal Jain
(CS)
(152 Points)
Replied 13 August 2010
Payal Jain
(CS)
(152 Points)
Replied 13 August 2010
u also have to change date of signing of accounts by shareholders and notice Date.
Payal Jain
(CS)
(152 Points)
Replied 13 August 2010
As if u dont hold any AGM in previous years then u r defaulter under Sec. 159/160/166/210/220 of Companies Act, 1956.
So hold AGM in every year & file documents according to those dates.
Regards,
vivek
(CS)
(751 Points)
Replied 13 August 2010
SUNDARARAJ. P
(ACCOUNTANT)
(63 Points)
Replied 13 August 2010
| Originally posted by : Payal | ||
 |
As if u dont hold any AGM in previous years then u r defaulter under Sec. 159/160/166/210/220 of Companies Act, 1956. So hold AGM in every year & file documents according to those dates. Regards, |
 |
Shall we hold AGM with out Audited accounts?
Payal Jain
(CS)
(152 Points)
Replied 13 August 2010
No, U cant hold AGM without audited Accounts.
But u can convience auditors to sign the accounts on previous dates.
Neha Gupta
(PCS)
(377 Points)
Replied 14 August 2010
U have to Comply all with the provisions relating to AGM and Annual Accounts etc. of Companies Act, 1956 if u want to "Regularised" your Company under ESS..
SUNDARARAJ. P
(ACCOUNTANT)
(63 Points)
Replied 14 August 2010
////U have to Comply all with the provisions relating to AGM and Annual Accounts etc. of Companies Act, 1956 if u want to "Regularised" your Company under ESS.////
Gupta Sir, you mean
"under ESS only 75% fee concession availale and no other relaxations related to compliance matters."
Am I correct?
SUNDARARAJ. P
(ACCOUNTANT)
(63 Points)
Replied 14 August 2010
| Originally posted by : SUNDARARAJ. P | ||
|
////U have to Comply all with the provisions relating to AGM and Annual Accounts etc. of Companies Act, 1956 if u want to "Regularised" your Company under ESS.//// Gupta Sir, you mean "under ESS, only 75% fee concession availale and no other relaxations related to compliance matters." Am I correct? |
|
Payal Jain
(CS)
(152 Points)
Replied 14 August 2010
yes, u can avail 75% dedeuction under CLSS but u have to comply all provisions of Companies Act, 1956.
Regards,
CAclubindia
