Mr. A is a Company Secretary of ABC Ltd. resigned from the post on 19.05.2013. He file form 32 on the same date. Even form is approved. So within how many days ABC Limited should appoint new company secretary & file form 32 of the newly appointed cs ?
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Appointment of cs
Replies (5)
No time limit as such has been prescribed in the Act. If the paid-up capital is Rs.5 crores or more, you should take steps for appointment of new CS within a reasonable period and keep documentary evidence with you for replying to ROC/other authorities in case some query is raised.
Agree with the observation of Mr. Agrawal.
Take suitable action for the appointment of new CS and appoint new CS within due course of time. I am sure you won’t receive any query from any authority as long as your efforts to appoint a new CS are genuine.
Thanks
Agree with PC Agrawal and Ankur Garg so far as Companies Act is concerned. But what about listing agreement? Is there any time limit within which a person need to be nominated as Compliance Officer?
Similar case happened last year with one of our clients and till now they have not received any order/notice/query from the ROC and other authorities.. So the view point of Mr. Ankur is purely true..
Thanks.
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