Appointment of Secretary and Compliance Certificate Provisio

I am CA Final Student. My query regarding Appointment of Secretary and Compliance Certificate Provision u/s 383A and also Auditors responsibility for that matter.

PQR Pvt. Ltd. Co. having Paid up Share Capital as on 31-03-2010 is as follows –

1) Rs. 9.99 Lakhs

2) Rs. 11.11 Lakhs

3) Rs. 2.22 Crores

4) Rs. 5.55 Crores

In the above four cases, whether it is obligatory for the company to have a Secretary ? If Yes, what other formality would have to be complied by it under the provision of the Company Act, 1956?

In above four cases, when Secretary is not produce relevant register mentioned in Annexure A are not made available to auditor, what is responsibility of auditor and what types of qualification is mention in audit report?

(All the above answer is based on Company Act applicable for CA Final May 2010)

Please send the above answer as early as possible to my e-mail ID :- nmarshiya @ rediffmail.com

Originally posted by : NILESH G. MARSHIYA
	I am CA Final Student. My query regarding Appointment of Secretary and Compliance Certificate Provision u/s 383A and also Auditors responsibility for that matter. PQR Pvt. Ltd. Co. having Paid up Share Capital as on 31-03-2010 is as follows – 1) Rs. 9.99 Lakhs 2) Rs. 11.11 Lakhs 3) Rs. 2.22 Crores 4) Rs. 5.55 Crores In the above four cases, whether it is obligatory for the company to have a Secretary ? If Yes, what other formality would have to be complied by it under the provision of the Company Act, 1956? In above four cases, when Secretary is not produce relevant register mentioned in Annexure A are not made available to auditor, what is responsibility of auditor and what types of qualification is mention in audit report? (All the above answer is based on Company Act applicable for CA Final May 2010) Please send the above answer as early as possible to my e-mail ID :- nmarshiya @ rediffmail.com

1) Rs. 9.99 Lakhs - Not Mandatory.

2) Rs. 11.11 Lakhs - Secretarial Compliance Cerificate from CS in whole time practice.

3) Rs. 2.22 Crores - Secretarial Compliance Cerificate from CS in whole time practice.

4) Rs. 5.55 Crores - whole time secretary is mandatory.

Sec 227 (3) whether proper books of accounts u/s 209 has been kept or not ?

If not kept or not shown, then

Qualified Report - Company registers as a part of books of a/c u/s 209 not kept/provided for the audit procedure.

Disclaimer of Opinion Report - we are unable to state that whether Company registers as a part of books of a/c u/s 209 are kept or not, as these registers were not available to us for the audit procedure.