Whole time company secretary & whole time director

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Jayesh Khokhani (Querist)

30 March 2012 Dear all,

Please explain that can an individual be a Whole Time Company Secretary and Whole time director at the same time in the same company?

your views are appreciable.

Thanks

Jayesh Khokhani

Ajay Mishra

Ajay Mishra (Expert)

30 March 2012 Hi

I think no, he can be a director with the permission of council but he can not be appointed as WTD.

The meaning of Whole means if he occupying the position as whole he can not take responsibility as whole in other capacity.

For example, As per section 161(1) of the Companies Act, 1956 Annual Return should be signed by a director and CS and if such cs is also WTD then how can he signed in both capacities.

Same case in signing of Balance sheet and profit and loss a\A/c.

Other, Example, if u are filing Form-32 of appointment of WTD who is also CS whose Form-32 was already filed with ROC then what option u will take like change in position .

After filing Form-32 with ROC with change in position of CS the MCA portal automatically delete the column of secretary by reason of STP method.

Other views are also solicited.

Regards

Tejas Tungare

Tejas Tungare (Expert)

15 November 2013 Yes Individual can be appointed as Whole Time Director and Whole Time Company Secretary at the same time in same Company.

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