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Signing of eforms

CS Ekta (Company Secretary) (309 Points)

15 July 2009

Is it advisable to pass the Board resolution as given below for filing the statutory forms or should we authorise any director/secretary everytime when there is a need to file any form for any particular purpose ?

“RESOLVED that directors and Company Secretary of the Company be and are hereby severally authorized to sign in physical or digitally the various statutory forms and documents as and when required under various statutes under various authorities and with Registrar of Companies.

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8 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 15 July 2009

One time resolution for authorisation to sign E form would be enough. No need to authorise again an again.

Ajay Mishra (Company Secretary) (74332 Points)
Replied 15 July 2009

Dear Ms. Ekta

In case of filing of different forms with ROC through MCA portal , it requires signing of this form authorised by Board resolution dated, it means either board of director specifically given general authority to any director or CS to sign such form digitally or specially authorised by Board to sign and file any form with ROC.

There is no set format for that, there is some changes in your specimen resolution:

“RESOLVED THAT any Directors or Company Secretary of the Company be and is hereby authorized to sign or file various statutory forms and documents as and when required under various statutes with government authorities, Registrar of Companies and various other authorities.”

Best Regard

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 15 July 2009

Hi Ekta,

As per my opinion based on prevalent corporate practice there is no need to give excess authorisation regarding government authorities and various other authorities when you are authorizing someone to sign MCA Eforms.

I am using the below mentioned resolution and you may use the same if you find it appropriate:

AUTHORISATION FOR DIGITAL SIGNING FOR MCA

“RESOLVED THAT any Directors or Company Secretary of the Company be and is hereby authorised severally to execute, file, and or sign the, forms, returns or documents as and when required to be filed under the Companies Act, 1956 with the Registrar of Companies, Ministry of Company Affairs in digital form or otherwise.

Best Regards

1 Like

CS Ekta (Company Secretary) (309 Points)
Replied 15 July 2009

Thanks for replying.

one more question-

correct me if I am wrong

Even if the directors are generally authorised by the Board resolution, we can always pass a resolution for specific authorsation for the filing of a particular eform

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 15 July 2009

Ekta you are right.

You can always pass a resolution for specific authorsation for the filing of a particular eform.

Regards

meenu (cs) (416 Points)
Replied 16 July 2009

Hi Ekta,

I too agree with garg Sir. I am too following the same practice to give general authority to one of directors for signing the E-forms with MCA.Accordingly, Insert the same resoultion no. and same board meeting in each and every E-form uploaded with MCA.

Best Regards,

Meenu

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 16 July 2009

Totally agree with the above views. It is expedient too, to authorised two or three directors and Company Secretary to file the forms, docuemnts and returns to MCA and mentiond the date and resolution no. each time.