WHEN MGT 7 IS REQUIRED TO BE CERTIFIED BY CS? PLEASE ANSWER IMMEDIATELY. Thanks,
MGT-7 is for Annual Filing of the company. It is filed by every company once in a year after its AGM.
As per Section 92(1) of the Companies Act 2013, every company shall prepare annual return in the prescribed form (Form Mgt -7) which shall be signed by a director and company secretary, or where there is no company secretary, by a company secretary in practice. Provided that in relation to OPC & small company , the annual return shall be signed by CS or where there is no CS, by the director of company.” The above mentioned provisions of Section 92 of the Companies Act 2013 explicitly provides that in case of OPC & Small Companies, certification of Annual Return is required to be done either by the DIRECTOR or by COMPANY SECRETARY. But Form MGT 7 (Annual Return) is mandatorily asking for the CS Certification in case of all companies. We have also raised the same issue with the Corporate Sewa Kendra of MCA. But they replied that it is mandatorily required to be certified by CS/ PCS, as the case may be. So, it is advisable to get Form MGT 7 (Annual Return) duly certified by CS until the same is rectified by the MCA in forms.