Compliance certificate

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CS Seema (Querist)

21 September 2011 dear experts,

please tell me is there any requirement for compliance certificate even if there is a full time company secretary is in company n its paid up capital is more than 5 crore as some of my senior says that compliance is required in above said situation also from a practising CS. even in some books its given that Compliance is required even if CS is there in company. Please clarify

CMA Ashutosh Kumar Gupta

CMA Ashutosh Kumar Gupta (Expert)

21 September 2011 Please check the MCA notification no. F.No.-1/6/2008-CL-V issued on 5th Jan'09 whereaby it has been provided that such a certificate as referred in sub-rule 3 of the Originally circulated rules of 2001 is not required from the Company Secretary in Whole time practice having Company already appointed a qualified whole time secretary as prescribed and therefore, Certificate is certainly required but not necessarily from a practicing CS BUT required from the appointed qualified CS and to be placed in the AGM of the Co., its' my view.

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