Appointment fulltime CS for Pvt Ltd Co.

Hi Experts,

Can anyone provide me criteria for appointment of fulltime secretary for Pvt Ltd Company

Thanks in advance

NITIN

Replies (7)

If the company crosses its paid up capital more than 2 crores then by section 383A of the Companies Act 1956 it is complusary for the company to appoint a full time company secretary as its Employee.

Thnak you Shilpa for valuable information

 

Every Co. having a paid up capital of Rs. 2 crore or more must appoint a whole time Company Secretary whether it is a Public or a Private Company.

Every Company having a paid up share capital of Rs. 10 lakhs or more but less than Rs. 2 crores need not appoint a whole time company secretary. However such companies must obtain a compliance certificate from a practicising C.S.

Astha is correct.

Shilpa & Asstha is correct

 Amended & Applicable Provision from 15th March 2009:

 

Get Mandatory Compliance Certificate: in Two cases 

·2                               1)   if your share capital is between 50 lakhs & 2 crores;

·22                  2)    if your share capital is between 2 crores & 5 crores and you have not appointed whole time company secretary.

Mandatorily appoint a Whole Time Company Secretary: In these  cases

·                               1)   if your share capital is between 2 crores & 5 crores and you have not got the Compliance Certificate;

·                               2)   if your share capital is above 5 crores.

And, NO special provisions for Companies having its registered office in a place with a population of less than one lakh as per 2001 census.

 

Dear Shilpa and Astha,

 

The limit of 2 Crores has been increased to Rs. 5 Crores w.e.f. 15/03/2009.

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