Qualifications in Form MGT 7

[CS Students]

Dear Members,

We are filing Annual Returns (Form MGT 7) for Private Limited Company for the Financial Year 2019-20 now. The due date for holding AGM for the Financial Year ending was 30th December 2020. But the Company has conducted its AGM on February 2021 without obtaining any extension from ROC and has violated Section 96.

My doubt is that the certification is to be made in MGT 7 for the financial year ending 31.03.2020 (i.e. the period of compliance which needs to be looked into is 1st April, 2019 to 31st March, 2020). So, should I mention the above violation in Form MGT 7 which we are filing now(i.e for FYE 2019-20) or should it be mentioned in MGT 7 which we file for FY 2020-21. Please advise.

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Thanks & Regards

Ashwini B

[Jagmohan Kiruthivasan]

firstly check whether the same company falls under the amended definition of small company then try filling form MGT-7A, wherein you can avoid certification fields.

To the same form after making necessary comments to the field whether the company has made compliances and disclosures in respect of  applicable provisions................... (NO)

If No, give the reasons/observations

Mention the same as observation/reason and if the said pvt company does not fall under the definition of small company then on (form MGT-7) the same can be certified after mentioning the reasons.

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