Pre-certification of forms is not a routine or mechanical exercise, but a serious task and involves sound application of mind in verifying the statements made in the respective forms and other points after due considerat

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2024
Pre-certification of forms is not a routine or mechanical exercise, but a serious task and involves sound application of mind in verifying the statements made in the respective forms and other points after due consideration of the provisions of the Companies Act, 2013, read with the relevant rules. Comment.

Answer & Explanation:

It is duty of the Company Secretary in practice to check and verify thoroughly the correctness of the contents of the form before certifying it. The members in practice are, accordingly, expected to exercise due care, diligence and skill, while performing pre- certification. Pre-certification of forms is, therefore, not a routine or mechanical exercise but a serious task and involves sound application of mind in verifying the statements made in the respective forms after due consideration of the provisions of the Act read with the relevant rules. Before undertaking the work relating to pre-certification of forms, a Company Secretary in practice should thoroughly read the requirements of the provisions of the Act, the Rules made there under and familiarize himself with the actual practices that are followed in this regard. He should also: Ensure that letter of engagement/Board Resolution authorizing the professional for the particular assignment by the company is obtained. Maintain a physical/scanned copy of all documents verified (subject to confidentiality requirement). Also have the draft forms approved by the Company's personnel before the forms are filed, as part of documentation. Obtain the signature(s) of the authorised signatories on the e-forms in presence of the professional. Ensure that all relevant documents and attachments in the form are legible and visible.

Topics: Company Law

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