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Hemanth (Director)     23 November 2012

New director signing off on audited accounts

 

I have become Director and shareholder (<51%) of a private limited company in Bangalore in May 2012. Other than myself, the company currently has one promoter who is the majority shareholder (>51%) and is the Founder Director. The company was founded by him in Oct 2010. He along with his mother were the Directors of the company till May 2012. In May, his mother exited the company by transferring her shares to him.

Now, for filing Income Tax returns and annual returns to ROC for the period Apr 2011 - Mar 2012, I am being asked to sign off as Director on audited accounts since the promoter's mother is no longer a Director. Am I permitted by law to sign off on these documents, when i was not part of the company at all during that period? If I am allowed, (i) is it advisable for me to sign off? (ii) what are the legal/financial/other implications for me if I sign off?

 

Thanks



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 1 Replies

Goutam Prasad (Advocate)     05 December 2012

The audited financial statements are to signed by the directors as on date of signature. Hence, legally you can sign and you the person to sign.

But, in this case I feel there was much time before May 12 and the same could have been auited and signed before that date so as not to pass on any liability to you.

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