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
Ajay Mishra
(Expert)
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
CS Mitesh Mehta
(Expert)
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
- Accounting treatment of AMC alongwith the purchase of Laptop
- Nursery business
- Condonation Request sec 119(2) b -Enhancement Limit of Leave Exemption prior to AY 2023
- GST Treatment of Purchases with GST Paid where Outward Supplies of Manufactured CattleFeed Exempt
- Issuing of delivery challan by seller of goods
- Not ordinarily resident having partnership income in India and salary in USA is any form to filed be
- Tax on Amount transferred in HUF Account
- GST REFUND ISSUE ON PURCHASE OF PLANT AND MACHINERY
- WRONG GSTR7 ENTRIES ACCEPTED ERRONEOUSLY
- Expert Help Required for TDS Refund 100000 Through TRACES – AY 2022–23
- IMPORT PURCHASE ENTRY PASSED IN BOOKS OF ACCOUNT
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
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
