Appointment of company secretary
This query is : Resolved
Ravi Shankar Sharma
(Querist)
19 March 2015
Dear Experts,
I want to Know if a CS in full time employment resigns from the office w.e.f 31.3.2015 and it may take 20-30 days in Filling the Vacancy by the organisation,and thus on 01.04.2015 the Office is Vacant and No Full Time CS is employed?? Will That be Considered as an Contravention of Sec 203 C.A.'2013??? Please Elaborate with Penalties and Prosecution..and if this is not in contraventioned what shall be done??
Thanking You
CS Ravi Shankar Sharma
I want to Know if a CS in full time employment resigns from the office w.e.f 31.3.2015 and it may take 20-30 days in Filling the Vacancy by the organisation,and thus on 01.04.2015 the Office is Vacant and No Full Time CS is employed?? Will That be Considered as an Contravention of Sec 203 C.A.'2013??? Please Elaborate with Penalties and Prosecution..and if this is not in contraventioned what shall be done??
Thanking You
CS Ravi Shankar Sharma
CS Mitesh Mehta
(Expert)
19 March 2015
If the office of any whole-time key managerial personnel is vacated,the resulting vacancy shall be filled-up by the Board at a meeting of the Board within a period of six months from the date of such vacancy- Section 203(4) of the Companies Act, 2013
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Swati Sethi
(Expert)
19 March 2015
And if still the vacancy is not filed, then penalty of 1 lac to 5 lac may be imposed on the company. And every director and KMP who is in default shall be liable yo pay penalty of rupees 50,000.
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CS Mitesh Mehta
(Expert)
19 March 2015
PENALTY FOR CONTRAVENTION
On Company:Fine which shall not be less than Rs. 1,00,000/- but which may extend to Rs. 5,00,000/-
On every director and key managerial personnel of the company who is in default -Fine which may extend to Rs. 50,000/- and where the contravention is a continuing one, with a further fine which may extend to Rs. 1,000/- for every day after the first during which the contravention continues.
On Company:Fine which shall not be less than Rs. 1,00,000/- but which may extend to Rs. 5,00,000/-
On every director and key managerial personnel of the company who is in default -Fine which may extend to Rs. 50,000/- and where the contravention is a continuing one, with a further fine which may extend to Rs. 1,000/- for every day after the first during which the contravention continues.
Ravi Shankar Sharma
(Querist)
19 March 2015
Thank You all actually i got confused with one of my colleage regarding this...now all clear...Keep Enlightened
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