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

Ajay Mishra

Ajay Mishra (Expert)
Follow

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

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
Follow

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

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

REGIWISE CONSULTANTS PVT LTD

bhavesh

Tanishka Khandelwal

Fredrick Samraj

Anant Kuber

Subscribe Now

Section 383a of the companies act 1956

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

GST CONSULTANT

Manager- Finance and Compliance

CA Final

Accountant

Senior Executive

GST CONSULTANCY