Annual return in private limited company
Sumit Khandelwal
(Querist) 11 May 2013
This query is : Resolved
My query is Registrar Of Companies allows late filing.
In my another private limited company constitution of board of direcors is completely changed. Now, in the said company all annual returns were pending to be filed with ROC portal upto 3-5-2013.
On taking inspection online I have found that Schedule V Part II of annual return of 2010 shows my name as director and shows sd/- on the place of my signature. I deny of making such signature. The same document is digitally signed by Present director of the company and company secretary. is it legally valid? From whom can we ask original physical signed copy of the same? Who can be responsible for this?
The said annual return also not reflect fact position of the company. Can I file criminal complaint against company secretary and present director as I deny of making any signature?
Please reply..
Does this attract IT Act,2000 with IPC, 1860?
M V Gupta
(Expert) 13 May 2013
The statement must have been filed by the Secretary or the MD of the Company. If u are not a Director, immediately file a complaint with the ROC and also ask ur company to rectify the mistake. If u feel that false return has been deliberately filed by the Company, u may request the ROC to take action under the provisions of the Companies Act.
