company secretary

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CS Nikita Sheth (Querist)
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03 November 2010 can a wholly employed company secretary become a director (in professional capacity or independent or non executive) in another company?

please reply it urgently

tahnk you in advance

udit sharma

udit sharma (Expert)
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03 November 2010 Yes! In my opinion a Company Secretary in whole time employment of the Company can become a Director of another Company provided he/she should not suffer from any of the dsqualifications provided under section 274 of the Companies Act, 1956.

However, You can be treated as an Independent Director on the Board of Directors of another Company. If you wish to be appointed as the Director in the same Company in which you are serving as a Company Secretary, in my opinion you can't be appointed as an Independent Director

This is my opinion and the views of other eminent experts are welcome:-0

Ankur Garg

Ankur Garg (Expert)
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03 November 2010 No doubt about the observation of Expert Udit...

Further the DCA clarification which exempts a CS from the operation of section 269 in public company confirms that a CS who is in employment can be appointed as a director.

But he can not be an independent director.

Rgds

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