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Can same person be executive director and Company secretary

Stalin (student) (24 Points)

23 June 2011

Hi ,

I would like to know whether the same person can be executive director as well as company secretary of a private ltd company? Is this against law? How can I overcome such a situation ?

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2 Replies

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 25 June 2011

Yes, the person may be Executive Director and Company Secretary of the Company. However there must be more than 2 Directors.

Section 383A specifically provides that Where the Board of Directors of any Company comprises only two directors, neither of them shall be the s ecretary of the company.

It means Director may be the Company Secretary of the company.

Secondly, he can not be Non Executive Director. Because he would be in full time appointment of the Company.