Co-op hsg societies in mumbai
Krishnan
(Querist) 13 July 2014
This query is : Resolved
Dear Experts,
I stay in mumbai in a co-operative society. I have the following queries:
1. Who can be appointed as a statutory auditor for auditing the accounts of the society?
2. Do they have to be empanelled? How would we know whether the CA firm has been empanelled?
3. If so, would they be given an empanellment no. by the appropriate authority? Should this no. be mentioned by the auditor when signing the balance sheet and other documents of the society?
4. From where can I get the list of all empanelled auditors?
5. Can un-audited balance sheet be circulated among the members along with the notice for AGM? If so, under what circumstances can this be done?
Looking forward to your early response.
Thanks in advance.
V R SHROFF
(Expert) 13 July 2014
Krishnan,
We help needy persons here, whose personal legal problem, and cannot afford Lawyers.
There are 50 Lakhs persons residing in Mumbai co-op soc. This cannot be ur personal legal problem ;
For learning Co-op act, you hv bye law book, READ cO-OP sOC aCT, can contact Federation, for List etc. OR raise Query in FORUM Please.
We cannot encourage ACADEMIC QUERIES.
Krishnan
(Querist) 13 July 2014
Dear Sir,
Thanks for the prompt reply. I wish to state that this is not a academic query. The query raised by me is based on reality that we are currently facing in our society. I have tried to find answers to the above questions through the internet, reading up the acts etc .. but could not get clarity. Hence I had posted the query.
As a result of the above query, there is a huge difference of opinion among the members. The new committee has not taken charge since they feel it was incorrect to have presented the unaudited accounts. The old committee has refused to continue effective April 1, 2014. This has resulted in complete paralysis since no one is ready to sign the cheques for even statutory payments.
Hence request you to kindly provide us direction.
Thanking in advance.
Kishor Mehta
(Expert) 13 July 2014
Sir,
Your queries:
No. 1.: An auditor, from the list of panel of auditors, has to be appointed.
No. 2: They have empanellment registration numbers.
No. 3: Their empanellment registration numbers appear in the Audit Reports.
No. 4: You can request the Co-Operative Authorities for the list.
No. 5: Un-audited balance sheet can not be circulated among the members along with the notice for AGM.
As per the latest regulation, the election to the managing committee can not be held till 31-12-2014, and the current Managing committee has to continue.
Good Luck,
Kishor Mehta
Krishnan
(Querist) 13 July 2014
Many thanks Mr. Kishore Mehta.
ajay sethi
(Expert) 14 July 2014
agree with Kishore mehta
V R SHROFF
(Expert) 14 July 2014
With majority of member's sign, approach Asst Registrar to appoint ADMINISTRATOR for managing your Society.
Rajendra K Goyal
(Expert) 14 July 2014
If no body is ready to sign the cheques, approach Registrar office to appoint Administrator.
Dr J C Vashista
(Expert) 15 July 2014
1. Read Maharashtra Cooperative Societies Act and MCS Rules for the appointment of auditor.
2. Registrar Coop Societies is the competent authority to appoint an auditor from amongst penal of auditors, which you can get from the Office of RCS.
3. You are required to get the audited accounts ratified by AGM, therefore, it is mandatory to get it audited before the same is presented in AGM.
4. Avoid appointment of administrator in the society, in your (members) own interest.
Krishnan
(Querist) 15 July 2014
Dear Sir,
My society has 11 members only. Would the latest resolution of the current Managing Committee having to continue and no election can be held upto 31 - 12 - 2014, be applicable to our society also?
Thanks in advance.
Kishor Mehta
(Expert) 15 July 2014
Sir,
The resolution is applicable to all CHS without exception.
Good Luck,
Kishor Mehta
ajay sethi
(Expert) 15 July 2014
yes it would be applicable to all societies
T. Kalaiselvan, Advocate
(Expert) 16 July 2014
