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

Tanishq Textiles Pvt Ltd is a small company with no company secretary on its rolls. Its sole working director, Mr Sunil Iyer, asks who should sign the annual return. What is the correct position?

The director signs it. For a small company, the proviso to section 92(1) requires the company secretary to sign, and where there is none, the director signs. The practising company secretary route applies only under the general rule for other companies.

  1. AThe director signs itCorrect
  2. BA company secretary in practice must sign it
  3. CThe director and a company secretary in practice must jointly sign it
  4. DThe company is exempt from signing the return

Explanation

The proviso to section 92(1) provides that for a small company the return is signed by the company secretary, or where there is no company secretary, by the director. Because no CS exists, the director signs. The general rule involving a CS in practice does not apply to small companies.

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