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Query related to appointment of cs in a company

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Querist : Anonymous

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Querist : Anonymous (Querist)
30 November 2012 hi friends,
Can anyone tell me that if the company whose paid up capital is 5 crore and during financial year existed cs left the post so within which time period the company should make an appoinment of another company secretary???

30 November 2012 Hi

Section 383A & Companies (Appointment and Qualifications of Secretary) Rules, 1988 not define the time period within which after the resignation of old CS a new CS will be appointed.

The time period is given for capital increase . Where the paid up share capital is increased to Rs. 5 Crores or more, the Company shall appoint whole time secretary within a period of 1 year from the date of such increase [Proviso to Rule 2(4)].

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Querist : Anonymous

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Querist : Anonymous (Querist)
01 December 2012 okk sir but the paid up capital of the company is already more than 5 crore then it means company has 1 year period for another cs to be appointed otherwise that company has to pay penalty is it true sir??

01 December 2012 Hi

The time period is not defined for appointment of new CS. So we can not say but yes, try to appoint CS as soon as possible.

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Querist : Anonymous

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Querist : Anonymous (Querist)
01 December 2012 okk thnks sir..

01 December 2012 My pleasure......


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