Appointment of Company Secretary
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
30 March 2010
My Company failed to appoint A whole Time Company Secretary as its capital is more than 5 crores.
Please provide some guidelines to be saved from penalty.
Please provide some guidelines to be saved from penalty.
Ankur Garg
(Expert)
30 March 2010
Please go through section 383A carefully which provides a defense to the company of financial problem to appoint CS.
Regards
Regards
30 March 2010
Proviso to 383A is given below. There are two defences:
Provided that in any proceedings against a person in respect of an offence under this sub-section, it shall be a defence to prove that
all reasonable efforts to comply with the provisions of sub-section (1) were taken or
that the financial position of the company was such that it was beyond its capacity to engage a whole-time secretary
Provided that in any proceedings against a person in respect of an offence under this sub-section, it shall be a defence to prove that
all reasonable efforts to comply with the provisions of sub-section (1) were taken or
that the financial position of the company was such that it was beyond its capacity to engage a whole-time secretary
31 March 2010
AGREE WITH EXPERTS.
CMA Arif Farooqui
(Expert)
04 April 2010
AGREE WITH EXPERTS.
CA Ravi Sisodia
(Expert)
04 April 2010
Agree with Experts.
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