SIGNING OF FINANCIAL STATEMENTS BY DIRECTORS FORM STK 2 NON RECORDING O...

HOW THE
DIRECTORS SIGN THE FINANCIAL STATEMENTS WHEN BOARD MEETING IS HELD THROUGH
VIDEO CONFERENCING ?

Que. In case of Board Meeting held
through video conferencing for approval of financial statements, can the
Directors sign the financial statements on same Board Meeting date or Physical
copies should be there for signing the same?

Ans. Where the Directors are not in a position to
physically sign the financial statements or Minutes or any other documents, or
scan and send, while approving the financial statements through VC or OAVM, the
directors may give an affirmation that they are approving the
statements/reports and considering the lockdown situation, they cannot sign the
statements physically as of now and these shall be deemed to be signed as on
date of the Board Meeting and they shall physically sign the financial
statements, Minutes or any other documents as soon as the normalcy is restored
as on the date of the meeting, such affirmations shall also be included in the minutes
of the meeting. It is also advisable that wherever feasible the Directors may
also affix their digital signatures during the meeting only and same fact
should also be captured in the minutes.

HOW TO
VOLUNTARILY WIND UP A C

OMPANY AS FTE SCHEME IS UNAVAILABLE NOW?

FORM -STK-2 Application by company to
ROC for removing its name from register of Companies

01.
Affidavit from all the Directors, Individually on Rs.100/- Stamp Paper duly
Notarised

02.
Indemnity Bond by all the Directors on Rs.500/- Stamp Paper duly Notarised

03.
Statement of Accounts (Nil Assets and Nil Liabilities) Certified by C.A.

04. Copy of
Board Resolution and Special Resolution

05. Copy of
PANCARD, Aadhar and Address proof

06. Copy of
MOA and AOA

NON RECORDING OF A VIDEO CONFERENCE BOARD MEETING DUE TO
TECHNICAL ISSUES – WILL IT BE A VALID BOARD MEETING ?

One of the VC meeting could not be recorded due to
technical difficulties, but has captured screen shots showing a proof of meeting
held and agendas discussed, will it suffice, whether we are 100% compliant, if
not what need to be done. The agenda included approval of working capital
facility (borrowings from bank).

A. Board Meetings held through VC are to be mandatorily
recorded and such recordings are to be maintained till the completion of audit
of the particular year. Due to some technical glitches if the recording could
not take place, the Chairman and Directors may be informed and record the same
in the minutes of the next board meeting. This shows the genuineness of the
difficulty and the same satisfies the Secretarial Auditor as well as the
Regulators.