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Secretarial Audit in Ahmedabad — Section 204, Companies Act 2013

Secretarial Audit is a comprehensive compliance review mechanism introduced under Section 204 of the Companies Act, 2013, read with Rule 9 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014. It mandates that specified classes of companies must have their compliance with applicable laws, rules, regulations, and guidelines verified and certified by a Practicing Company Secretary (PCS) in Form MR-3.

The Secretarial Audit Report in Form MR-3 is annexed to the Board’s Report and forms part of the company’s Annual Report. It serves as an independent professional opinion on the company’s compliance posture and is reviewed by shareholders, regulators, auditors, and potential investors.

At MR Bhatia & Co, we conduct thorough and independent secretarial audits for companies in Ahmedabad and across Gujarat. Our audit methodology covers compliance under the Companies Act 2013, SEBI Regulations (for listed entities), FEMA, Depositories Act, and all other applicable sectoral laws.

Who Needs a Secretarial Audit?

Secretarial Audit under Section 204 is mandatory for:
  • Every listed company (BSE/NSE mainboard and SME platform)
  • Every public company with paid-up share capital of ₹50 crore or more
  • Every public company with turnover of ₹250 crore or more
  • Every company having outstanding loans or borrowings aggregating ₹100 crore or more from banks or public financial institutions
  • Every private company with paid-up share capital of ₹50 crore or more (as per Companies (Appointment and Remuneration) Amendment Rules, 2020)
  • NBFCs (as per specific RBI and SEBI circulars)
  • Companies required to constitute an Audit Committee under Section 177

Scope of Our Secretarial Audit

  • Compliance under the Companies Act, 2013 and Rules made thereunder
  • Compliance under SEBI (LODR) Regulations 2015, SEBI (PIT) Regulations 2015, SEBI (SAST) Regulations 2011 (for listed companies)
  • Compliance under the Foreign Exchange Management Act, 1999 (FEMA) and RBI regulations
  • Compliance under the Depositories Act, 1996 and Regulations
  • Compliance with Secretarial Standards (SS-1 and SS-2) issued by ICSI
  • Compliance under industry-specific laws applicable to the company
  • Review of Board and Committee processes, minutes, and resolutions
  • Verification of statutory registers, forms filed with ROC, and annual returns
  • Examination of related party transactions and their approval process

Our Secretarial Audit Methodology

Secretarial Audit Services to Never Miss an Opportunity in the Competitive Edge 

Our secretarial audit services at M.R. Bhatia & Company are all about an inspection of the compliance records and processes of your company. With this process, we verify that your business has effectively followed corporate laws, regulations and procedures prescribed by the Companies Act 2013. 

What is the Purpose of Secretarial Audit Services?

Secretarial auditing became legally mandatory for bigger companies in India after the 2013 Act. The major objectives of the secretarial audit in Ahmedabad are to ensure filing and documentation compliance, along with checking the governance compliance. It also assesses the credibility of compliance management systems and processes given growth. 

What is a Secretarial Audit Report?

After proper assessment, M.R. Bhatia & Co. prepares a detailed report and addresses it to the firm’s shareholders. Our secretarial audit in Ahmedabad can make you aware of the factual findings and audit opinion. You can contact us further for constructive recommendations to boost your transparency. 

Frequently Asked Questions

A: Non-compliance with Section 204 attracts penalties under Section 204(4): the company is liable for a fine of ₹1 lakh to ₹5 lakh, and every officer in default (including the company secretary in employment and managing director) is liable for imprisonment up to 1 year and/or fine of ₹1 lakh to ₹5 lakh.

A: No. Secretarial Audit under Section 204 must be conducted exclusively by a Company Secretary in Practice (PCS) holding a valid Certificate of Practice from ICSI. The CS in employment cannot audit the same company.

A: Yes. Every listed company, including companies listed on the BSE SME or NSE Emerge platform, is required to get a Secretarial Audit conducted every year.

Get Started with Expert Support Today

Need a Secretarial Audit for your company in Ahmedabad? Contact MR Bhatia & Co — we deliver thorough, independent, and timely Form MR-3 reports.