Following is the financial information of Maximum Private Ltd. obtained from latest audited financial statement for the year ended 31st March, 2024: Items Amount in ₹ Paid-up capital 3 Crore Turnover 30 Crore Borrowings

CS Executive · Company Law and Practice · PYQS · June 2025
Following is the financial information of Maximum Private Ltd. obtained from latest audited financial statement for the year ended 31st March, 2024: Items Amount in ₹ Paid-up capital 3 Crore Turnover 30 Crore Borrowings 50 Lakh There is no Company Secretary in employment in the company and Joy, Officer (Accounts) prepared annual e-form AOC-4 and submitted to Satish, practicing Cost Accountant for certification in place of practicing Company Secretary. With the given information, examine with reference to the provisions of the Companies Act, 2013, if certification of AOC-4 is really necessary.

Answer & Explanation:

A 'small company' has been defined under section 2(85) of the Companies Act, 2013 as a company, other than a public company whose- paid-up share capital does not exceed ₹4 crore rupees or such higher amount as may be prescribed which shall not be more than ₹10 crore rupees; and turnover of which as per profit and loss account for the immediately preceding financial year does not exceed ₹40 crore rupees or such higher amount as may be prescribed which shall not be more than ₹100 crore rupees. However, the definition excludes a holding company or a subsidiary company; a company registered under section 8; or a company or body corporate governed by any special Act. In the instant case, Maximum Private Ltd. satisfies the turnover and paid-up share capital criteria to be a small company and is a 'small company'. As per Rule 8(12)(a) and 8(12)(b) of the Companies (Registration Offices and Fees) Rules, 2014, there is no necessity of certification of e-forms by a 'small company' from a practicing professional, the Chartered Accountant or the Company Secretary or as the case may be the Cost Accountant, in whole-time practice.

Topics: Accounts of Companies

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