Appointment of company secretary as director

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CS Vidhya (Querist)
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23 May 2012 Dear Friends,

I have a query..a).Appointment of Company Secretary as Director

The Company is an unlisted public company and having 7 Directors..We wants to appoint the full time CS( in employment )and he is a Finance Manager too in the same company as a Director ...IF we appoint the person as Director in the same company by virtue of Provisions and explanations of Section 269 such appointment would be amount to appointment of WD.

But our Ministry has clarified the issue "No need to comply Section 269 irrespective of its applicabilty provided Substantial powers of management is not given to CS on appointment as a Director"

cORRECT ME IF AM WRONG Could anyone please send me the Department clarification for ready reference

Regards,
Vidhya

Ajay Mishra

Ajay Mishra (Expert)
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23 May 2012 Hi

The appointment of whole time company secretary as a part time director on the Board of Directors of the company does not require approval of the CG under section 269(1) so long as substantial powers of management of the affairs of the company are not vested in the incumbent. [Letter: No. 16/39-CL-III/85, dated 26-06.1987].

Regards

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CS Vidhya

CS Vidhya (Querist)
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23 May 2012 Thank you for your reply.Could you pls send the letter dated 26.06.1987 issued by Ministry..

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