Appointment of Compnay Secretary
This query is : Resolved
13 September 2010
Hi....can anyone tell me whether a pvt. Limited company should take a compliance certificate for the financial year 2009-10 if paid up capital was raised more than 5 crore on March 31,2010 and qualified CS has been appointed within the month of April,2010.
Ajay Mishra
(Expert)
13 September 2010
Dear Friend
Section 383A applicable to all company whether it is public company or private company. Compliance Certificate is required when the paid up capital of the company is more than 10 lac and less than 5crore.
In your case, as on March 31, 2010 your company’s capital is Rs. 5 crore and CS was appointed with in one month of such increase. In my view there is no need to file Compliance Certificate in form-66 because if you have filed Form 32 with ROC of such appointment of CS with ROC. At the time of adoption of Balance Sheet, Profit and Loss A/c and Director Report, if the CS is present in company he will sign the Balance sheet and Profit & Loss A/c along with directors, and no need to take CC from practicing CS.
Regards
CS Ajay Mishra
Section 383A applicable to all company whether it is public company or private company. Compliance Certificate is required when the paid up capital of the company is more than 10 lac and less than 5crore.
In your case, as on March 31, 2010 your company’s capital is Rs. 5 crore and CS was appointed with in one month of such increase. In my view there is no need to file Compliance Certificate in form-66 because if you have filed Form 32 with ROC of such appointment of CS with ROC. At the time of adoption of Balance Sheet, Profit and Loss A/c and Director Report, if the CS is present in company he will sign the Balance sheet and Profit & Loss A/c along with directors, and no need to take CC from practicing CS.
Regards
CS Ajay Mishra
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