Yes, the same person can be appointed as CFO and Comapny Secretary of the same Comapny.
No, same person cannot be appointed as the Company Secretary and CFO of the Company. If it is the private Company where provisions of Section 203 is not applicable, but having the paid up capital of more than 5 crore, then person shall be designated as Company Secretary in Ministry of Corporate affairs but internally the same person can be designated as CFO. But practically as per section 203, read with Rule 8 of Companies (Appointment and Remuneration of Managerial personnel Rules) 2014, all lsited Companies and public limited Companies having paid up share capital of more than 10 crore shall have the Whole time KMP Which includes CFO and Company Secretary and practically same person cannot be appointed as CFO and Company Secretary.
As per Section 203 read with Rule 8 of Companies (Appointment and Remuneration of Managerial Personnel Rules) 2014:-
A Company other than:
1. A Listed Co.
2. A Public Co. having paid up Capital of Rs. 10 Cr or more
3. Any other Company having paid up Capital of Rs. 5 Cr or more
may appoint CFO as CS of the Company.
Is there any restriction under the Companies Act.2013 with Rules stating that the same person can not be appointed as Comapy secretary and CFO? if yes please provide.
There is no explicit restriction mentioned under Companies Act, 2013. As far as the Company is the one which does not fall under the above mentioned criteria it may appoint same person as CS and CFO of the same Company. But if the Company is the one as mentioned above then giving effect to the words " WHOLE TIME" it must appoint two different persons as CS and CFO of the Company.
Dear Mam,
If there no clear restriction then can be appointed.
Yes, only in Companies having paid-up capital less than 5 Cr.
No, for all companies without any capital restrictions
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