Explain the scope of 'secretarial audit' and decide : (i) Whether a listed company is required to get the secretarial audit conducted under the provisions of the Companies Act, 2013?

CS Professional · Advanced Company Law and Practice · PYQS · December 2016
Explain the scope of 'secretarial audit' and decide : (i) Whether a listed company is required to get the secretarial audit conducted under the provisions of the Companies Act, 2013?

Answer & Explanation:

According to Sub-Section (1) of Section 204 of the Companies Act, 2013; every listed company and a company belonging to other class of companies as may be prescribed shall annex with its Board's report made in terms of sub-section (3) of section 134, a secretarial audit report, given by a company secretary in practice, in such form as may be prescribed. Rule 9 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 prescribes the other class of companies as under: every public company having a paid-up share capital of rupees fifty crore or more; or every public company having a turnover of rupees two hundred fifty crore or more. Accordingly, (i) Yes, a listed company is required to get the secretarial audit conducted under the provisions of the Companies Act, 2013;

Topics: Secretarial Audit

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