This must be OK. But, in Form 20B, can I put the same date i.
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Await experts reply on my query. Chackrapani Warrier Expert Follow 02 December Neha Jain Expert Follow 02 December Ankur Garg Expert Follow 02 December However for physically signing the annual return a board meeting is strongly recommended and you may hold this BM on the day of AGM. Also appreciate if are not interested to hold this BM on the day of AGM, then also nobody can challange the physical signing without specific authorisation on the Annual Return.
I personally disagree with B. You may observe the advise of Ms.
Surrender of sub-lease right to lease holder Tds demand by department Export of goods by courier Query regarding nsc taxability Gstr 4 filling how will purchase details will be add Tagging of tds challan Import duty on scanner Administrative expense Invoice Maharashtra state profession tax. As a matter of contract law, it is not always easy to determine when parties reached an agreement.
An agreement is typically the product of various oral and written negotiations, which often take place over weeks or months. That the parties reached an agreement is usually clear. However, the exact date of the agreement often is not, and the law may be ambiguous as to the moment when an agreement is reached.
Consequently, backdating the document formalizing the agreement to the date the parties struck the deal can be precarious. Ambiguity in the law can cause seemingly innocuous backdating to inadvertently become inappropriate fabrication. In addition to ambiguous law, a lawyer may also be faced with uncertain or unverifiable facts.
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Insufficient or nonexistent records, human errors in recalling past events and injudicious reliance on the observations of others can all lead to backdating that misrepresents. A lawyer should be certain of the relevant facts before backdating a document.
If such confirmation is unavailable, the attorney must exercise sound discretion based on his or her knowledge and past experiences with the client. Prudent lawyers should refrain from backdating if they are uncertain about when the relevant acts took place.
Board Resolution Date in Form 20B - Annual Return.
Even backdating that memorializes can misrepresent, if it misleads a court, government agency or other third party. For example, when a document memorializes an earlier event and is backdated to the date of the event, it may mislead a court to believe the document was actually executed on that date.
However, such confusion may generally be avoided by disclosing on the face of the document that it was executed after the stated date. This will normally ensure that backdating that memorializes a prior event does not unintentionally misrepresent such event. When considering whether to backdate a document, a lawyer should adhere to the following best practices:. Never assume backdating is harmless. Carefully assess each situation to ensure backdating is proper and that it is carried out in a thoughtful manner.
Never backdate a document with the intention of deceiving a third party, a court or other government authority. Never backdate to memorialize a prior act unless it is certain the act occurred on the specified date.
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If, after making a thorough legal and factual evaluation, it is uncertain when or if an act transpired, carefully consider whether backdating would constitute fabrication. Always proceed under the assumption that a backdated document will not remain private. By following these best practices, business lawyers can ensure they accurately memorialize legally significant events without placing themselves or their clients at risk.
Backdating is not always the stuff of scandal.
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