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Many professionals have been raising question on interpretation/ procedure for appointment of branch auditor or audit of branch under Companies Act, 2013. As per Companies Act, Every company shall prepare and keep at its registered office books of account and other relevant books and papers and financial statement for every financial year which gives a true and fair view of the state of the affairs of the company, including that of its branch office or office.
As per Companies Act, 2013 every Company have to file e-form MGT-7 within 60 from the date of Annual General Meeting AGM and AOC-4 required filing with ROC within 30 from the date of AGM. Below we will discuss the consequences of non filing or delay in filing of e-form MGT-7 (Annual Return) and e-form AOC-4 (Filing of Financial statement).
Company have to file un-audited/provisional financial statement within 30 days of AGM and have to file audited financial statement once such statement is approved by the shareholders in the adjourned AGM.
An appreciable step is taken by Ministry of Corporate Affairs by introducing E-Form INC-32 under SPICE scheme vide MCA’s notification dated 01/10/2016 notifying Companies(Incorporation) Fourth Amendment Rules, 2016. SPICE means Simplified Proforma for Incorporating Company Electronically.
If a Company is not satisfied with the services of the statutory auditor the company can start process for removal of auditor as stated the process u/s 140(1). But there is a question always arise which confused the professionals i.e. i. Company requires holding General Meeting before approval of Central Government or after government approval?
Existing Auditor of the Company resigned w.e.f. 30/08/2016 and ADT-3 filed by such Auditor & intimated to Company. Board of Director appointed new Auditor w.e.f. 12/09/2016 for FY 15-16. Tenure of the new auditor will be upto subsequent AGM. Audit for the FY 15-16 shall be done by new Auditor.
As we are aware that MCA has issued a Notification dated 30th June, 2016 Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2016 and made some major amendments in Rule 5 Disclosure in Board’s Report -remuneration of employees.
1. Who Will Appoint First Auditor? Sol. As per Section 139(6): First Auditor will be Appoint by Board of Directors of Company within 30 days of Incorporation of Company.
It is clear that, a public company is free to incorporate in its Articles, that all the directors of the company would retire at every annual general meeting. If nothing mentioned in articles relating to rotation of director then Not less than 2/3rd (two-third) of the total number of directors of a public company shall, be person whose period of office is liable to determination by retirement of directors by rotation
Once dividend transferred in Dividend Account but not has not been claimed by the shareholder within 30 days of declaration of dividend. The Company shall transfer such unpaid amount within 37 days from the date of declaration in a special account ‘Unpaid Dividend Account’.
