Mgt-7

Section 92 of the Companies act 2013 states the following regarding authentication of annual return,i.e,MGT -7:

All Companies (Except OPC)

Annual Return shall be signed by –

• a director and the company secretary, or
• where there is no company secretary, by a PCS

OPC and small company

Annual Return shall be signed by –

• the company secretary, or
• where there is no company secretary, by the director of the company.

CS in Practice if No CS there of the Company 

It means now CA cannot attest MGT 7 as previously they do in 20 B.

What is the crieteria of Small Company, please advice

As per Companies Act 2013 : -

"(85) ‘‘small company’’ means a company, other than a public company,—

(i) paid-up share capital of which does not exceed fifty lakh rupees or such

higher amount as may be prescribed which shall not be more than five crore

rupees; or

(ii) turnover of which as per its last profit and loss account does not

exceed two crore rupees or such higher amount as may be prescribed which shall

not be more than twenty crore rupees:

Provided that nothing in this clause shall apply to—

(A) a holding company or a subsidiary company;

(B) a company registered under section 8; or

(C) a company or body corporate governed by any special Act;"

Can MGT7 sign by PCS instead of Secretary of Company if the small company have Secretary.

Hi Shyam,

Please refer below conditions:

Case 1:

In case comapany is Small company: Director's signatures are required

Case 2:

In case comapany is not a small company, but is not required to employ permanent Comapany Secetary: Practicing Company Secetary could sign form.

Case 3:

In case company is required to employ Company Secetary: Company Secetary so appointed will sign the form.

Please advice for filling FORM-MGT7, is it compulsory required signature of CS for all limited company?

I am filling MGT-7 of a small company only, but still it is showing an error on doing check form

"To be digitally signed by Company Secretary/Company secretary in practice not entered. Please enter."

Please advice how can I rectify the above.