we filed ADT 1 and other relevant documents in GNL 2 for auditor's appointment by considering date of AGM 30/09/2014 but after filing it company find that date of AGM is 15/09/2014 because one of the director was not available on 30/9/2014.now how can we rectify the ADT 1 & GNL 2 for auditor appointment?
It is a private ltd co and annual return is not filed due to this reason.as 2 directors are outside indaindia at the date of AGM after filfilling ADT1 we came to notice this
In my opinion, presence of Director is not mandatory for AGM (except for listed co, the Chairman of audit committee should be present in AGM). Which type of co you are dealing with? Have you filed other annual filing forms with AGM date 15/09/2014?
It is private limited company. bcz of above issue we have not filed the Annual return.
You can try to file Form-67 i.e ‘form for filing addendum for rectification of defects or incompleteness’.
but form 67 is filed only if any query is generated by ROC regarding auditor's appointemnt
You can file FORM 67 in case status of the your form GNL -2 is ‘Pending for user clarification’ (PUCL).
T R SOOD & CO
New Delhi
CA Inter
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Vardhaman Group of India
Pimpri Chinchwad
CA Inter
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