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Appointment of cs

MCA 1058 views 5 replies

swapnil dabke

senior executive

320 Points Joined November 2010

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 ?

Replies (5)

P C Agrawal

Registered independent director Past Ch

8229 Points Joined March 2007

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.

Ankur Garg

Company Secretary and Compliance Officer

114783 Points Joined January 2009

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

SkDash

CS (Member) CWA (Final)

909 Points Joined February 2009

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?

Rohit Aggarwal

ACA Bcom (H) MBA MCom

470 Points Joined May 2011

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.