/ Company Law Compliances

WHETHER CS CERTIFICATION MANDATORY ON FORM MGT 7 OR NOT?”

“WHETHER CS CERTIFICATION MANDATORY ON FORM MGT 7 OR NOT?”

Annual filing time is in progress and we, being professionals are facing one major common problem regarding the certification of Form MGT-7 (Annual Return) –

  • We have received many queries by Professionals on this common issue.
  • In the said matter, we would like to provide that –
  • “As per Section 92(1) of the Companies Act 2013, every company shall prepare annual return in the prescribed form (Form Mgt -7) which shall be signed by a director and company secretary, or where there is no company secretary, by a company secretary in practice.
  • Provided that in relation to OPC & small company , the annual return shall be signed by CS or where there is no CS, by the director of company.”
  • The above mentioned provisions of Section 92 of the Companies Act 2013 explicitly provides that in case of OPC & Small Companies,  certification of Annual Return is required to be done either by the DIRECTOR or by COMPANY SECRETARY.
  • But Form MGT 7 (Annual Return) is mandatorily asking for the CS Certification in case of all companies.
  • We have also raised the same issue with the Corporate Sewa Kendra of MCA. But they replied that it is mandatorily required to be certified by CS/ PCS, as the case may be.
  • So, it is advisable to get Form MGT 7 (Annual Return) duly certified by CS until the same is rectified by the MCA in forms.

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