A newly qualified Company Secretary has just started practice. The first assignment he received was certification of Annual Return of an existing listed company. He wants to know from you whether communicating with the e

CS Executive · Company Law · PYQS · December 2023
A newly qualified Company Secretary has just started practice. The first assignment he received was certification of Annual Return of an existing listed company. He wants to know from you whether communicating with the earlier company secretary of the listed company about this assignment is mandatory and also the permitted mode of communication viz., telephone, certificate of posting, SMS, WhatsApp message and registered post acknowledgment due (RPAD). Referring to the provisions of the Companies Act, 2013: (ii) Will your answer differ, if the assignment is in respect of a certification of Change of Directors or filing of Annual Financial Staternents ?

Answer & Explanation:

Accepting the position of PCS and sending a communication to the earlier incumbent PCS arises only in case of exclusive areas of practice of a PCS. For example, attestation of certificate in Form MGT-8 or Annual Return of a company in Form MGT-7 u/s 92 of the Companies Act, 2013 is the exclusive domain of PCS. Hence, sending a prior communication to the earlier PCS is not mandatory under Clause 8 of Part I of First Schedule of CS Act for certifying routine forms like DIR-12, AOC-4, AOC-4-XBRL which are permitted to be certified by any practicing professionals including PCA, PCA (Cost).

Topics: Company Secretaries Act, 1980

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