Certificate of Statutory compliance company secretary

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

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?

 Mr. Marzban

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

Regards

Malav

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

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.

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

  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. 

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

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

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)

Hi

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

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.