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Whole time company secretary

vaibhav (CA & CS) (577 Points)

03 July 2012

Hi all,

suppose If a Private company falls under section 383A of companies act 1956 wherby it is compulsory to appoint the whole time company secreatary ........

my query is

1 ) is it necessary for Private company to get it annual report signed by the whole time secreatry ?

2 ) if yes, can anyone suggest me the name of the private company whoes annual report is signed by the whole time CS.

Regards,

Vaibhav

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5 Replies

Swagatam Khandelwal (Company Secretary) (107 Points)
Replied 03 July 2012

Dear Vaibhav

As per Section 161 of the Act, if the Company is having a whole time company secretary, the Annual Return shoul also be signed by the secretary.

vaibhav (CA & CS) (577 Points)
Replied 03 July 2012

Dear swagtam,

Thanks for the information but My Query is related to the Annual Report i.e. is it mandatory for whole time compnay secretary to sign balance sheet of the private company along with 2 directors.

Swagatam Khandelwal (Company Secretary) (107 Points)
Replied 03 July 2012

The same goes for Annual Report also

Smriti Dhawan (Company Secretary ) (347 Points)
Replied 03 July 2012

Section 215 of Companies Act, 1956 mention about Authentication of Balance Sheet and Profit and Loss Account

As per Section 215 (1) Save as provided by sub-section (2), every balance-sheet and every profit and loss account of a company shall be signed on behalf of the Board of directors by manager or secretary, if any, and by not less than two directors of the company one of whom shall be a managing director where there is one.

It does not say whether a Company is private or public according to this section every balance sheet and profit and loss account is required to be signed :

1) By Manager or Secretary and
2) Two Directors (one by MD if there is one)

If a Company is having both Manager and Secretary any one of them can sign the balance sheet and profit and loss account. If manager sign the B/s n P/l account it is not mandatory for CS to sign it.

In case no Manager is appointed in a Company then it is Mandatory for Company Secretary to sign B/S and P/L Accounts.

Signing of Balance Sheet and Profit and Loss Account has nothing to do with whether a Company is public or Private. It is required to be signed by Company Secretary.