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CS Professional · Compliance Management, Audit and Due Diligence · Signing and Certification

Meridian Textiles Ltd, an unlisted public company in Surat, has a whole-time company secretary and several directors. Who must sign its annual return under section 92 of the Companies Act, 2013?

The annual return must be signed by a director and the company secretary. A company secretary in practice signs in place of the company secretary only where the company has none. Auditors and managing directors acting alone do not satisfy the signing requirement of section 92.

  1. AA director and the company secretaryCorrect
  2. BOnly the managing director
  3. CA director and the statutory auditor
  4. DThe company secretary in practice alone

Explanation

Section 92(1) requires the annual return to be signed by a director and the company secretary. A company secretary in practice signs only where the company has no company secretary. The auditor has no role in signing the return.

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