Secretarial compliance certificate

Others 1559 views 3 replies

Niraj

prop

105 Points Joined May 2014

Hi Friends

Do we need to take Compliance Certificate from Company Secretary in Practice for year ended on 31-March-2014.

Replies (3)

Vandana J Doshi

Practising Company Secretary

12562 Points Joined May 2011

Yes Niraj, the provisions of the Companies Act 2013 is applicable from FY 2014-15 onwards.......so for the FY 2013-14, the provisions of CA 1956 will apply....so if as per the CA 1956, Compliance certificate was reqd, the same is to be fulfilled....

Niraj

prop

105 Points Joined May 2014

Thanks Vandana.

Kindly clear me, let us say a Company is going to approve its Balance Sheet in June-2014 (BM-15-June-2014), this Company will get it approve the same as per Companies Act,2013 (Do not confuse with financial Statement prepartion circular as per CA-1956), Director Report, Notice, Auditor Appointment will all be as per - CA-2013.

Now When PCS will sign his Compliance on 15-June-2014, under which provisions he will sign this certificate on 15-June-2014, as there is no section 383A on 15-June-2014.

Kindly share your views.

CA Stalin

CA in Full time practice

237 Points Joined June 2011

Mr.Niraj,

As per circular No:8/2014 dt 04.04.2014 Companies Act 1956 would continue to be applicable for the Financial Year commencing prior to 01.04.2014 in respect of maintenance of books of accounts, preparation, adoption, filing of financial statements, Board reports and attachments to such statements and reports. Report u/s.383A is an attachment to Boards report.

Hence in my view, CS Compliance certificte is applicable for the FY 2013-14 irrespective of the date of Board Meeting or anything else.