Tuesday, 23 September 2014

Resolution for approval of accounts and Directors' Report for FY 2013 -14

APPROVAL OF ANNUAL ACCOUNTS FOR THE FINANCIAL YEAR ENDED ON MARCH 31, 2014.

“RESOLVED THAT the Balance Sheet as on March 31, 2014 and the Profit and Loss Account for the year ended on that date together with the Schedules and Annexures appended thereto as circulated among the members of the Board be and are hereby considered, adopted and approved."

"RESOLVED FURTHER THAT any two Directors of the Company be and are hereby authorised to sign the Annual Accounts on behalf of the Board and the same be sent to the Statutory Auditors of the Company for their report thereon.”

"RESOLVED FURTHER THAT Mr.………………, Director of the Company, be and is hereby authorised to file a certified copy of this resolution in Form No. MGT - 14 with the Registrar of Companies, Mumbai, within 30 days of its passing and to do all  acts, deeds, matters and things as may be necessary to give effect to this Resolution.”


APPROVAL OF DIRECTORS’ REPORT FOR THE FINANCIAL YEAR ENDED ON MARCH 31, 2014

"RESOLVED THAT the draft Directors’ Report for the financial year 2013-14 as placed on the table of the meeting be and is hereby considered and approved.

RESOLVED FURTHER THAT any two Directors of the Company be and are hereby authorised to sign the same on behalf of Board of Directors.”

"RESOLVED FURTHER THAT Mr.………………, Director of the Company, be and is hereby authorised to file a certified copy of this resolution in Form No. MGT - 14 with the Registrar of Companies, Mumbai, within 30 days of its passing and to do all acts, deeds, matters and things as may be necessary to give effect to this Resolution.”

Monday, 15 September 2014

Format - Certificate from the Auditor for the proposed appointment in the AGM

(a) In case an auditor is an individual:

                                                       
  On the letterhead of the Auditor


To,
The Board of Directors,



Dear Sir,

Subject:  Certificate for the proposed appointment in the ensuing Annual General Meeting 

With respect to the proposed appointment as the Auditor of the Company in the ensuing Annual General Meeting of the Company as per Section 139(1) of the Companies Act, 2013 and Rule 4 (1) of Companies (Audit & Auditors) Rules 2014, I certify that:

(a) I am eligible for appointment and is not disqualified for appointment under the Act, the Chartered Accountants Act, 1949 and the rules or regulations made thereunder;

(b) the proposed appointment is as per the term provided under the Act;

(c) the proposed appointment is within the limits laid down by or under the authority of the Act;

(d) there is no  list of proceedings pending against the me with respect to professional matters of conduct.

I further certify that I satisfy all the criteria provided under section 141 of the Act.

Thanking You.

Yours Faithfully,
For ____________.
Chartered Accountants

(______________)
Membership No.______

Date:
Place:



(b) In case an auditor is a firm:

                                                              On the letterhead of the Auditor

To,
The Board of Directors,




Dear Sir,

Subject:  Certificate for the proposed appointment in the ensuing Annual General Meeting 

With respect to the proposed appointment of the firm as the Auditor of the Company in the ensuing Annual General Meeting of the Company as per Section 139(1)of the Companies Act, 2013 (Act) and Rule 4 (1) of Companies (Audit & Auditors) Rules 2014, we certify that:

a) the firm is eligible for appointment and is not disqualified for appointment under the Act, the Chartered Accountants Act 1949 and the rules or regulations made there under;

b) the proposed appointment is as per the term provided under the Act;

c) the proposed appointment is within the limits laid down by or under the authority of the Act;

d) there is no list of proceedings pending against the audit firm or any partner of the audit firm with respect to professional matters of conduct.

We further confirm that the firm satisfies all the criteria provided under section 141 of the Act.

Thanking You.

Yours Faithfully,
For ____________.
Chartered Accountants

(______________)
Membership No.______
Firm Registration No.: _______
___________________
                                                            

Date:
Place:

Monday, 8 September 2014

Steps for striking the name of the Company off the Register under Section 560 of the Companies Act, 1956


Steps for striking the name of the Company off the Register under Section 560 of the Companies Act, 1956

1.      Hold a Board Meeting after giving notice to all the Directors and pass resolutions for making application for striking the name of the Company off the Register and for closure of Company’s current account(s).

2.      Make an application to the Bank(s) for closure of current account along with certified true copy of board resolution for closure of bank account. Surrender cheque book and other things to the bank. Ask for bank statement upto closure of the current account.

3.      Handover bank statement to the Statutory Auditor or Chartered Accountant for preparation of Statement of Accounts. The statement of accounts prepared as on date shall not be prior to more than one month preceding the date of filing of application in Form FTE.

4.  Once statement of accounts is prepared and signed, prepare affidavit and indemnity bond as per the requirements of FTE guidelines.

5.      File form FTE with the concerned Registrar of Companies together with all the attachments.

6.     The list of companies which have applied for striking off their name from the Register under the Fast Track Exit will be displayed on MCA21 portal. In case any stakeholder has any objections to the same, he/she may raise such objection to the concerned ROC Office within 30 days from the date of filing Form FTE.

Friday, 5 September 2014

LLP of Practicing Company Secretaries allowed Annual Return Certification and Secretarial Audit

LLP of Practicing Company Secretaries allowed Annual Return Certification and Secretarial Audit

Dear Professional Colleagues,

You are aware that the members in practice were allowed to carry out non-attestation services through Limited Liability Partnership.  Subsequently, there had been repeated requests to permit them to render attestation services also. 
I am pleased to inform that the Council in its meeting held on 24.8.2014 at Kolkata decided to allow Limited Liability Partnerships having all Practicing Company Secretaries as its partners to carry out Annual Return Certification and Secretarial Audit with effect from 1st September, 2014. 
One of the objectives of the Companies Act, 2013 is governance through self-regulation and the professionals like us have to play a significant role in ensuring the process of self-regulation in the desired manner. It becomes a sacrosanct duty for us to uphold cherished values by adhering to prescribed standards and practices and exercising due care and diligence. Let’s commit ourselves in all full measure for total compliances and in the process, distinguish ourselves.