IS IT MANDATORY TO SIGN FIANCIALS BY AUDITORS BEFORE 06.09.2019?- SERIES - 500



IS IT MANDATORY TO SIGN FINANCIALS BY AUDITORS BEFORE 06.09.2019?
This Editorial is updated till 30th August, 2019.

There is confusion in mind of professionals and corporate in respect of date of signing of financial statement of Companies for F.y. ended 31.03.2019. Question: Whether auditor can sign the auditor report and financial statement after 06.09.2019?

I.      Provision of Holding of AGM:

As per provisions of Section 101, A general meeting of a company may be called by giving not less than clear 21 days notice either in writing or through electronic mode.

II.      Shorter Notice:
A General Meeting May Be Called After Giving Shorter Notice Than That specified in this sub-section if consent, in writing or by electronic mode, is  given by not less than 95% of the members entitled to vote thereat;

Note: If a Company received consent of 95% of the member entitled to vote then they can hold Board Meeting even on 29.09.2019 and call AGM on 30.09.2019.

III.      Date of Signing of Balance Sheet:

As per guidelines of ICAI Auditors have to generate UDIN at the time of signing of Auditor Report and Financial Statement.

Therefore,
· If auditor Sign Financial statement on or before 06.09.2019 then on same date Company can issue clear 21 days notice to shareholders of Company;
· However, if auditor signs financial statement after 06.09.2019 then company can hold AGM only on short notice.

Note: If company hold AGM on shorter notice then consent of Members as mentioned above is mandatory.

Therefore, one can opine that as per Section 101, 129 of Companies act, 2013 read with ICAI guidelines of UDIN;
A Statutory auditor can sign the auditor report and financial statement even after 06.09.2019 and up to 29.09.2019 without any non compliance of law and simultaneously company can hold AGM by consent of shareholders of Company.

 (Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com)

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION. This is only a knowledge sharing initiative and author does not intend to solicit any business or profession.


Comments

  1. I appreciated the solution in the above post that the auditor even sign after 6th September 2019. However, I am not in favour of the UDIN requirements. The UDIN guidelines must carry the time line to generate special- number in the case of financial statement.

    In my view, the most of the companies in India may consider the AGM by shorter notice.

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  2. I have tweeted my concern at the official handle of UDIN cell of ICAI to review the guidelines.

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