Certification of annual return

173 views 4 replies

Rahul Singh

308 Points Joined May 2016

Dear Sir/Mam, My appointment has been made is 2nd may of 2016 in one company as company secretary in section 92 (1) its state that annual return should be signed by director and company secretary and in case no cs then it should be certify by pcs my question do i am authorized to sign the annual return for this year because my appointment has been made after 31-3-2016, kindly guide us on this matter to me ,

Replies (4)

CS Subbarao

40 Points Joined March 2015

Dear Rahul

As you said as per Section 92(1) of companies Act 2013, Annual Return signed by a director and the company secretary or where there is no company secretary, by a comapny secretary in practice. It has not been mentioned that company secretary should exist during that financial year.

You can sign the Annual Return after due verification of details in the Annual Return.

Thanks & Kind Regards

K.V.Subba Rao

Rahul Singh

308 Points Joined May 2016

Thaks for your reply sir but is there any violation if this mgt-7 is signed by pcs beause of appointment is made after financial year. Kindly guide me.

Jatin Bajaj

2932 Points Joined April 2016

it is better that Annual Return shall be signed by the Company Secretary in Job because Section 92 states that on date of Signing Annual Return , if there is a Whole Time Company Secretary , then it shall be signed by him.if on date of Signing there is no Whole Time Company Secretary then it shall be signed by PCS.. So even if Company Secretary is appointed after the closure of Financial year, then also it must by signed by Whole Time Company Secretary