Query regarding appointment of company secretary.

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

24 September 2013 1.As sec.383A of company act 1956 is deleted from the new company act 2013,so now is it necessary for the companies to obtain a complince certificate from a practcing company secretary or not.

2.Now in new company act 2013. COMPANY SECREATRIES become KMP with other persons like- ceo, cfo, MD, so for company is it necessary for the company to appoint a company secretary for whole time employment in the company.

pls answer me with your valuable suggestion

Thanks & regards
Amit kumar
amkarn1@gmail.com

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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25 September 2013 1. It is true that section 383A now does not find place in Companies Act 2013 but the same has been replaced by Secretarial Audit u/s 204 of the new Act. As per the draft rules released in this regard, Secretarial Audit is proposed to be made mandatory for all listed companies and companies having paid up share capital of Rs. 100 crore or more.

2. As per the new Act and draft rules, appointment of KMP including Company Secretary is mandatory for all listed companies and companies having a paid up share capital of Rs. 5 crores or more.

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