Sohan is conducting the Secretarial audit of Geo Ltd. The company could not produce records of minutes/resolutions/registers pertaining to the charges etc. as they were in possession of other government authorities for w

Pursuant of Section 204 of the Companies Act, 2013 and Rule 9 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, the Secretarial Auditor is required to give his report in form MR-3. The details relating to reporting with qualification are as under: Qualifications/reservations or adverse remarks, if any, should be stated by the secretarial auditor at the relevant places in his report in bold type or in italics. If the secretarial auditor is unable to express an opinion on any matter, he should mention that he is unable to express an opinion on that matter and the reasons therefor. If the scope of work required to be performed is restricted on account of restrictions imposed by the company or on account of circumstantial limitations (like certain books or papers being in the custody of another person who is not available or a Government Authority), the Report should indicate such limitations. If such limitations are so material that the secretarial auditor is unable to express any opinion, the secretarial auditor should state that in the absence of necessary information and records, he is unable to report on compliance(s) relating to such areas by the Company. In the above mentioned case, Sohan, the Secretarial Auditor, can report the qualifications/ reservations and the adverse remarks i.e. non-providing the cited documents during the audit, at the relevant places in his report in bold type or in italics and indicate his opinion as per details mentioned as above.