Appointment of Company Secretary

Page no : 2

Ankit (Article) (91 Points)
Replied 12 September 2012

Suppose default of sec 383 a is made i.e. mandatory appointment not made.Notice for the same is issued by registrar.so what is the remedy available.Is there any way to avoid fine. Thanks Ankit Ankit_200456 @ rediffmail.com

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 13 September 2012

The company may proove that inspite of taking necessary steps due to shortage of Company Secretary it is failed to appoint one. However, the company has to show required proof in this regard.

Tanveer Md Masood (Indispensable) (361 Points)
Replied 18 September 2012

DEAR MS.GARGI RANADE,

PLEASE NOTE THAT THERE IS NO SUCH REFERENCE IN THE COMPANIES ACT,1956 ABOUT THE POSTION OF ASSISTANT COMPANY SECRETARY . GENERALLY, CANDIDATES PASSING THEIR EXECUTIVE STAGE ARE REFERRED TO AS ASSISTANT COMPANY SECRETARY WHO ARE SOMETIMES ALSO REFERRED AS SEMI-QUALIFIED COMPANY SECRETARY. UNDER SEC.383A ONLY COMPANY SECRETARY ARE TO BE APPOINTED IN CASE WHERE THE COMPANY HAS A PAID UP CAPITAL OF 5 CRORE OR MORE. ASSISTANT COMPANY SECRETARY ARE NOT REQUIRED OR AUTHORISED TO SIGN ANY STATUTORY DOCUMENT WHATSOVEVER.

REGARDS

TANVEER MD MASOOD

CALCUTTA