A pvt co.with paid up capital 5 cr, appointed CS but the notices of board meeting and general meeting are signed by MD.
MGT-7 is also signe by pcs and not CS.
Will it attract any penalty to CS or to the Company
As per Companies Act 2013 , Read with Secretarial Standard 1 of the Board meeting, Notice of the Board shall be issued by the Company Secretary and if no Company Secretary then by the Director of the Company who could be Chairman of the Managing Director. But it can be signed by the Managing Director even if Company has Company Secretary. There is no prohibition under Companies Act or under Secretarial Standard.
But as per Section 92 (1), annual return shall be signed by the Company Secretary if appointed and Director of the Company.
If the Company has appointed the Company Secretary and it is signed by the Company Secretary in practice, then it is the non complinace as per Section 92 of the Companies Act 2013.
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