Appointment of c.s.

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surbhi singhvi (Querist)
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25 February 2012 Dear Sir,

A public limited company has appointed a person as a C.S. (without having Membership Number) on 12th Jan. 2012 in its Board Meeting and intimated to BSE. On 7th Feb. 2012 that person got a ACS Membership No. and filed Form 32 with ROC with appointment date in company as 12th Jan. 2012.

So, please suggest is it tenable in law ?

Ajay Mishra

Ajay Mishra (Expert)
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25 February 2012 Hi

A company can appoint a person as Company Secretary of the Company under Section 383A of the Companies Act 1956 read with the Companies (Appointment & Qualifications of Secretary) Rules 1988 who is a member on the date of appointment or on date on which he will be effective as company secretary.

In your case as on date effective such person is not member and does not hold membership no. so he can not be appointed before he got membership.

Regards

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surbhi singhvi

surbhi singhvi (Querist)
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25 February 2012 Dear Sir,

Could you please suggest the remedy for this ?

Ajay Mishra

Ajay Mishra (Expert)
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25 February 2012 Hi

Rectify the mistake, and again appoint him as cs as on date after getting membership.

Regards

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