LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

can whole time director sign balance sheet

Piyush Lalwani (AM) (92 Points)

14 March 2011

can whole time director sign balance sheet when there is a MD in the company.

I saw a B/S which was signed by secretary+Whole Time Director+Director

whereas the director report was signed by chairman cum md

Is it possible when sec.215 requires it to be signed by 2 directors one of whom should be a MD

does MD here includes Whole Time Director?

Reply
Follow
Share

5 Replies

Jayashree S Iyer (Company Secretary) (3224 Points)
Replied 15 March 2011

MD here means MD only and not any other WTD.

As per Section 215 where the company has a MD, the balance sheet & profit and loss account shall be signed by secretary and by not less than two directors one of whom shall be a MD.

In your case since the company has MD the balance sheet & profit and loss account must be signed by MD,

1 Like

SANTOSH SHAH (Company Secretary) (754 Points)
Replied 15 March 2011

Originally posted by : Jayashree S Iyer
	MD here means MD only and not any other WTD. As per Section 215 where the company has a MD, the balance sheet & profit and loss account shall be signed by secretary and by not less than two directors one of whom shall be a MD. In your case since the company has MD the balance sheet & profit and loss account must be signed by MD,

Agreed with Jayshree Iyer Ma'm.

regards

Santosh Shah

1 Like

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 15 March 2011

Agree, MD has to sign and it does not include WTD.

1 Like

Piyush Lalwani (AM) (92 Points)
Replied 15 March 2011

WTD has signed the B/S of Sterlite Industries (India) Ltd., a sens*x-30 company.

Jayashree S Iyer (Company Secretary) (3224 Points)
Replied 16 March 2011

It may be an exceptional case falling under Section 215(2) where MD is out of India and the Board has approved the signing of accounts by WTD. But in such a case a statement stating the reason for non-compliance is to be attached.

Others views are solicited.

Regards,

Jayashree