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Appearance before company law board

Pvt ltd 1480 views 3 replies

CSKapil

Junior Company Secretary

29 Points Posted on 12 March 2012

I am appointed as CS in a Pvt. Ltd. Co. having a paid up capital of Rs. 60 lacs. Will I have to file my Form 32 for appearing before CLB? What if I have to appear on behalf of group companies? Will it sensible to get appointed and resigned for each group Company for the purpose of appearing before CLB? Will there be any effect of my appointment on Section 383A of the Companies Act, 1956?

Replies (3)

Akhilesh Kumar Jha

Company Secretary and Legal

60 Points Posted on 12 March 2012

19. Rights of a party to appear before the Bench - (1) Every party may appear before a Bench in person or through an authorised representative. (2) A party may, in writing, authorise an Advocate or a Secretary-in-whole-time practice or a practising Chartered Accountant or practising Cost and Works Accountant, to function as a representative of such party. A company may appoint and authorise its Director or Company Secretary to appear, in its behalf, in any proceeding before the Bench. The Central Government, the Regional Director or the Registrar may authorise an officer to appear in its behalf. Company Law Board Regulation

SkDash

CS (Member) CWA (Final)

909 Points Posted on 12 March 2012

Agree with AKJ. You can appear as an Authorised Signatory

CSKapil

Junior Company Secretary

29 Points Posted on 12 March 2012

Thanks for the reply.I am aware of Regulation 19 of the CLB Regulation, 1991. I would be happy if you give me solution for my questions. I am more concerned about the procedure to be followed to appear before CLB. Please give me specific answers to my 4 questions.