Appointment of whole time company secretary

No person shall be appointed as whole-time secretary unless he is a member of the Institute of Company Secretaries of India constituted under the Company Secretaries Act, 1980 (56 of 1980).

For more details, refer:

Companies (Appointment and Qualifications of Secretary) Rules, 1988

https://www.mca.gov.in/Ministry/actsbills/rules/CAaQoSR1988.pdf

I think HE canNOT be appointed. 

If the paid up capital of the Company is less than 5 crore than he can be appointed as CS as even a executive (Intermediate) level pass can be appointed as CS in such Company. 

However, if the paid up capital is 5 crore or more than only a member of ICSI can be appointed as CS.

Dear Gurmukh,

think limit for the same has been changed from 2 crores to 5 crores...

learned members, kindly advise...

Thanks / Lucky Popli

Yep Lucky thanks it is 5 crore.

Yep Lucky thanks it is 5 crore.

A Company Secretary within the meaning of The Company Secretaries Act only can be appointed as secretary & the person should be duly qualified CS with membership given by the CS Institute.

agree with  gurmukh........ coz i hav studid somewhere dat even a executive passed can be appointed as cs for pvt co.

yes if paid up capital is less then 5 cr even a cs executive pass can be appointed as company secretary even MCom pass become company secretary  you may also file form 32 even not being member of institute plz check form 32 thoroughly

Please read Section 2(45) of Companies Act, 1956.

1.as per section 383a of the company act,1956 lays down that every company having share capital  5cr or more require whole time company secretary.

2.a company having a paid up share of 2cr or more but less than 5cr may appoint any individual as whole time secretary  who is member of (ICSI) eg. who pass excuative programe.

3. a company having a paid up share less than 2cr may appoint any  individual as whole time secretary who is pass post graduate degree in commerce.