Section 383a of the companies act 1956
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
20 July 2012
Dear All Experts,
As per section 383A of the Companies Act, 1956 every company with a paid up capital of Rs. 5 Crore or more must have a Whole time Company Secretary. but what about companies limited with gurantee and without share capital.
Is there is any provision in the Companies Act with reference to the appointment of CS in the Companies incorporated without share capital.
Thanks in Advance
As per section 383A of the Companies Act, 1956 every company with a paid up capital of Rs. 5 Crore or more must have a Whole time Company Secretary. but what about companies limited with gurantee and without share capital.
Is there is any provision in the Companies Act with reference to the appointment of CS in the Companies incorporated without share capital.
Thanks in Advance
20 July 2012
Hi
As per my understanding, the Company Secretary requirement of the company is based on the paid up capital of the Company. So The Companies Act, and rule made their under specified the paid up capital criteria for having a company secretary.
In case of company limited by guarantee, the section and rule made there under is silent. So no need to have a company secretary.
Other views are also solicited.
Regards
As per my understanding, the Company Secretary requirement of the company is based on the paid up capital of the Company. So The Companies Act, and rule made their under specified the paid up capital criteria for having a company secretary.
In case of company limited by guarantee, the section and rule made there under is silent. So no need to have a company secretary.
Other views are also solicited.
Regards
20 July 2012
Section 383A does not apply to guarantee companies which do not have share capital.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Section 54F - Exemption on LTCG in 2026 for HP purchased in 2023
- STCG....................................................
- Sales return eway bill
- Treatment of Pension ?annuity returns on PMVY
- TAN for Partnership
- AMOUNT RECEIVED UNDER COMPULOSRY ACQUISITION OF AGRICULTURAL LAND
- Free lancer income
- STCG FOR GOLD ETFs
- Loan by Partnership Firm
- TDS related Query_Liquidated Damages
- Gst invoice numbering and delivery challan numbering
- Standard Deduction claim for EPFO Pension and ICICI Prudential Life Annuity
- Small dealers gst returns filing
- Sales amount in Gstr1
- CG after sale of flat
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
