LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Certificate of Statutory compliance company secretary

JAISON JACOB . K (Sr.Audit Manager ) (167 Points)

16 July 2008

Requirement to issue a certificate by company secretary regarding compliance of all statutory requirements for Private & Public Limited companies

Reply
Follow
Share

16 Replies

Max Payne (employed) (2569 Points)
Replied 16 July 2008

ya pls i also want to know...

poonam verma (Company Secretary) (191 Points)
Replied 17 July 2008

Originally posted by :Gopalakrishnan
"	ya pls i also want to know...	"

acc. to sec. 383 A of Companies act any co. having paid up cap. of more than Rs. 10 Lac and upto rs. 2 Cr. is required to take compliance certificate from a practising Co. Secy. that co, has complied with all provisions of Cos Act. For details refer the section.

regards

Marzban (Manager) (25 Points)
Replied 27 July 2009

is this certificate necessary only for compliance with Companies Act? or has the company to give declaration about compliance with other laws too like Payment of Bonus Act, Contract Labour Act, etc?

Malav Shah (Company Secretary and AVP Legal) (171 Points)
Replied 27 July 2009

Mr. Marzban

This certificate is only related to Companies Act. no other laws are covered.

Regards

Malav

Ajay Mishra (Company Secretary) (74332 Points)
Replied 27 July 2009

Dear Ms. Poonam

If you read Rule 3 of Companies (Compliance Certificate) Rules, 2001 it says:

Every secretary in whole time practice for the purpose of issue of certificate referred to in sub-rule (2) shall have the right to access at all time to the registers, books, papers, documents and records of the company whether kept in pursuance of the Act, or any other Act or otherwise and whether kept at the registered office of the company or elsewhere.

Regards

RAHUL (Company secretary ) (226 Points)
Replied 28 July 2009

Dear all friend

According to section 383 A any company have paid up capital 10lacs to 5crores have require to get a certificate from a cs

Regard

CSNITIN

S. Satheesh Kumar (Assistant Company Secretary) (84 Points)
Replied 29 July 2009

Dear All,

As per recent amendment the ceiling limit has been increased from Rs. 2 crores to 5 crores for issue of compliance certificate u/s 383A of the Companies Act, 1956 by PCS. If incase company having full time company secretry who should be member of ICSI does not require to obtain compliance certificate from PCS.

Deepika singh (CS & MBA) (46 Points)
Replied 29 July 2009

Hi Sateesh,

You are not clear in ur Q that whether your company comes under the purview of Sec 383A(1) regarding the issue of compliance certificate. As per my understanding, your company fall under the paid up share capital Between 2-5 Crores. In such case, obtaining compliance certificate from PCS is required even if the Company is having a Full Time CS.

Regards

Deepika Singh

S. Satheesh Kumar (Assistant Company Secretary) (84 Points)
Replied 29 July 2009

Dear Deepika Sing,

My Company having paid up capital of Rs. 4 Crores and we have appointed a full time company secretary (Employment), in this case whether compliance certificate under section 383A of the Companies Act, 1956 is applicable or not to us.

Deepika singh (CS & MBA) (46 Points)
Replied 30 July 2009

Hi Satheesh,

Your Company has to obtain a compliance certificate as it is clearly mentioned in law. Appointing a CS is optional for your company.

Regards

Deepika

CA Kanagaraj R (CA, CS & CWA) (86 Points)
Replied 31 July 2009

Originally posted by :JAISON JACOB . K
"	Requirement to issue a certificate by company secretary regarding compliance of all statutory requirements for Private & Public Limited companies	"

The Company which is not covered by S.383A but having paid-up capital of more than Rs.10 Lakhs has to appoint a whole time practising company secretary for issue of Compliance certificate for every year. It has to be done wihtin 30 days from the end of AGM. And the same has to be filed in e-Form 66 with ROC

CS Hanisha (COMPANY SECRETARY) (122 Points)
Replied 01 September 2009

Hello,

Correct me if i am wrong but from my knowledge a co. which has a paid up share capital of less then 5 crore but still has voluntarily appointed a company secretary in whole time employment need not take a compliance certificate from a practising company secretary

(Circular No. 35/2003 dated 11-12-2003)

Ajay Mishra (Company Secretary) (74332 Points)
Replied 01 September 2009

If a company have a company secretary in whole time employment, there is no need to take compliance certificate from practicising Company secretary. Circular says:

Where a company has appointed a whole-time company secretary, possessing the qualification of membership of the Institute of Company Secretaries of India, such a company is not required to obtain a certificate from a secretary in whole-time practice under rule 3 of the Companies (Compliance Certificate) Rules, 2001

Regards

ARUN KUMAR MAITRA (Practicing Company Secretary) (1016 Points)
Replied 21 July 2012

It is obligatory for a company having a paid-up capital exceeding Rs. 10 Lacs but less than Rs. 5 crores to obtain a compliance certificate from a Practising Company Secy. and file the same with the RoCalongwith its Annual Report vide section 383A of the Companies Act.,1956. Therefore, even if such a company has appointed a full-time secy. it has to comply with the above.