C.A Trapti varshney (CA (ranker) B.com C.S) (125 Points)
12 July 2010hi friends,
company law does not provide dates for signing B.O.D's Report by directors. It only provides form and content of these reports. If anyone knows what are the implied time limits for signing please provide me with the inf.
Thanks in advance
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 12 July 2010
Hello Trapti,
As per my understanding board report is required to be approved by board of directors through a properly convened board meeting and signature formalities must be complied with as desired by section 217(4). So you may consider this date of adoption of board report as date for signing of board report.
Further for your information date of adoption of board report, Auditors report and date of adoption of AGM notice may be different.
Revert with contrary views, if any.
Best Regards
Yogesh Shah
(Managing Corporate Finance)
(1051 Points)
Replied 12 July 2010
Hi Trapti,
Following is the answer - if concerned company is unaware of provisions, they have not conducted BoD meeting and for filing return you wanna SHOW it --
In respect of Annual returns I have filed, I told to clients to keep that date as 31st August (if not sunday) otherwise 30th August. Because for AGM, 21 clear days notice is required and GENERALLY AGM is conducted somewhere between the last week of September.
In contra case, if BoD meeting is conducted by Company, then the same is date is generally shown as date of signing Board Report
C.A Trapti varshney
(CA (ranker) B.com C.S)
(125 Points)
Replied 12 July 2010
thanks for ur valuable comments. but board's report can be signed after adoption of board's report and annual accounts.
in that case what can be the date by which directors can sigh board's report.
Please correct me if i am wrong somewhere
Thanks
Priya Sharma
(Company Secretary & Student.MBA)
(998 Points)
Replied 12 July 2010
Hiii Trapti
The general practice is like this..
The date of signing of BOD report and annual accounts is the date of meeting of the board of directors in which the audited annual accounts are approved.
Experst correct me fi I am wrong.
Regards
Priya
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 12 July 2010
Actual signing may be delayed...but the date, on which board report adopted by board members through a BM, will be considered as date of signing of board report.
This is my understanding. Wait for other suitable opinions.
Thanks
Mansi
(Article)
(61 Points)
Replied 12 July 2010
According to me, Board Report (i.e Directors Report) should be signed before 21 days of helding of an AGM......the reason is that Notice & Directors Report are send to shareholders before 21 days of holding an AGM...... So Directors Report/Board Report should be signed minimum 21 days before holding of AGM
Regards
Mansi N.Gadoya
vivek
(CS)
(751 Points)
Replied 12 July 2010
| Originally posted by : Trapti varshney | ||
 |
thanks for ur valuable comments. but board's report can be signed after adoption of board's report and annual accounts. in that case what can be the date by which directors can sigh board's report. Please correct me if i am wrong somewhere Thanks |
 |
In your case to the best of my understanding your company (perhaps) has conducted a board meeting for the purpose of AGM (i.e. Ordinary) businesses, in that case the signing of balance sheet and directors' report will be the date in which board has approved the same. It is the power of board to approve the same and it is layed before the general meeting for adoption not for approval.
Shareholders have to adopt the same they can ask questions regarding that but the power of approvng the same is with Board. So, last date for signing will be date of approval by the board of the same.
Others views solicited.
Mansi
(Article)
(61 Points)
Replied 12 July 2010
C.A Trapti varshney
(CA (ranker) B.com C.S)
(125 Points)
Replied 13 July 2010
hi friends,
i went through all your suggestions and reached at a conclusion that board's report can be signed utmost before issuing notice for AGM, as notice of AGM Requires B.O.D's report annexed with it...........
Please correct me if i m wrong somewhere...........
Thanks n have a nice day!!!!!
C.A Trapti varshney
(CA (ranker) B.com C.S)
(125 Points)
Replied 13 July 2010
please provide me with your views.........................
Its very urgent
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 13 July 2010
| Originally posted by : Trapti varshney | ||
|
|
hi friends, i went through all your suggestions and reached at a conclusion that board's report can be signed utmost before issuing notice for AGM, as notice of AGM Requires B.O.D's report annexed with it........... Please correct me if i m wrong somewhere........... Thanks n have a nice day!!!!! |
|
You are right !!!
Yogesh Shah
(Managing Corporate Finance)
(1051 Points)
Replied 13 July 2010
Hi Trapti,
In my opinion,
u r judgement is 50% right - Board has to sign before issuing notice of AGM.
In respect of ur second statement - Board Report is not required to be annexed with notice of AGM.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17848 Points)
Replied 13 July 2010
General Practice is that, The date of Board Meeting, Notice, Directors' Report, Auditors Report B/s Sheet signing shall be the same.
However, the date of Directors' Report can not be later than the date of Board meeting in which the company approved the notice and annual report because the qualification of auditor, if any, are requied to be explained in the directors report and if there is no qualification it is also requied to be specifically mentioned in the Directors' Report.
It is recommended practice also.
Furthe, it cannot be before the date of that Board Meeting before before that date the Auditors Report is not available so directors report can not be prepared.
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