Clarification regarding Form STK-2-CERTIFICATION
Anupma Mittal
Dear All,
Could you please clarify the following regarding Form STK-2?
The Statement of Accounts (STK-8) is signed by the statutory auditor of the company and is also digitally signed by the auditor in the STK-2 Form.
In such a case, can the same auditor also affix his/her DSC in the same Form STK-2 in the capacity of the practising professional certifying the e-Form?
Please confirm.
Thanks & Regards
Vinod Kumar Agarwal
--
If you want to join our Whatsapp Group "Gyan Gurukul" for quick updates on Recent Amendments and resolution of Queries, drop message to us on our whatsapp no 8130757966 (mention your Profession, Name, City).
---
You received this message because you are subscribed to the Google Groups "Gyan Gurukul - CS Divesh Goyal" group.
To unsubscribe from this group and stop receiving emails from it, send an email to gyan-gurukul-cs-dive...@googlegroups.com.
To view this discussion visit https://groups.google.com/d/msgid/gyan-gurukul-cs-divesh-goyal/fe9fecc3-dee1-4e1d-a810-a5995f5e05b4n%40googlegroups.com.
Arun Kumar Maitra
Ankur Sharma
Arun Kumar Maitra
`As per Rule 4(1) of Companies (Removal of Names) Rules, 2016 and MCA processing norms, the practicing professional certifying STK-2 must be independent of the statutory auditor, who signed STK-8. Same DSC cannot be used for both capacities in one form. You’ll need a different CA/CS/CMA in whole-time practice to certify the e-Form STK-2, while the existing auditor’s DSC will remain on STK-8.`
The certifying CA/CS/CMA gives declaration that he has verified records and the application is correct. He can't verify his own audit.
What if you already filed with the same DSC?
ROC will likely mark it `Resubmission` with the remark: _"Professional certifying the form cannot be the same as an auditor signing STK-8. Please get it certified by an independent practicing professional."
CA CS Arun Kumar Maitra
Practicing Company Secretary
Vinod Kumar Agarwal
Arun Kumar Maitra
The Principle of Independence: The professional certifying the e-Form STK-2 must declare that they have verified the records and that the application is correct. In professional auditing standards, you cannot independently "verify" or audit your own work. If a CA prepares/certifies the STK-8, and then turns around and certifies the STK-2 saying "I have verified that the attached STK-8 is correct," it creates a self-review threat to independence.
C-PACE Strictness: Ever since the MCA established C-PACE (Centre for Processing Accelerated Corporate Exit) to centralize and speed up strike-offs, the scrutiny has become highly automated and strict. C-PACE desk officers frequently raise resubmission remarks (STK-2 defects) if the same Digital Signature Certificate (DSC) or the same professional's membership number appears as both the accountant certifying the attachments and the independent professional certifying the form.
To avoid a tedious Resubmission (SRN remediation) cycle, the safest and most compliant route is to split the duties:
Role Who Should Sign STK-8 (Statement of Accounts) The Company's regular Chartered Accountant / Statutory Auditor. e-Form STK-2 Certification An independent practicing CA, CS, or CMA.
CA CS Arun Kumar Maitra
Practicing Company Secretary
Abhishek Sahu
Abhishek Sahu
Senior Manager-Accounts I +91-9990095005
Welspring Universal Pvt ltd
Factory
and Corporate Office:
43
KM Stone, NH-10, Delhi-Rohtak Road, Village Mandothi & Asauda,
Bahadurgarh - 124507, Haryana, India
Phone 01276-663600
Registered
Office:
B-19
Mayapuri Phase 1, New Delhi - 110064, India
