Company secretary

No...being PCS he cannot be appointed as CS in a company...

No. A Practising Company Secretary can't be appointed as a Company Secretary in whole-time Emplyoment in any Company.He is not Allowed to Carry on Pratice and employment both at the Same Time. As per Section 383A (1), every company having paid-up share capital of Rs. 5 Crores or more shall have whole-time secretary. The 'whole-time secretary' indicates that a Company Secretary must be in in the employment of the company Every company not required to employ a whole-time secretary, shall file with the ROC a Certificate from a secretary in whole-time practice in e-Form 66.

Dear Rajiv

 

Section 2(45A) of the Companies Act, 1956 says that a “Secretary in whole time practice” means a secretary who shall be deemed to be in practice within the meaning of sub-section(2 ) of section 2 of Companies Secretary Act, 1980 and who is not in full time employment.

 

As per definition a PCS cannot be appoint as company secretary in whole time employment at the same time.

 

Regards

CS Ajay Mishra 

PCS can not be appointed as CS u/s 383A.

NO A PCS CANNOT BE APPOINTED AS FULL TIME CS.

If a company secretary is appointed under obligation of section 383 a than form 32 is filed but if 32 is not filed and company is not under. Section 383 than it can appoint a pcs as a consultant or advisor and

If a company secretary is appointed under obligation of section 383 a than form 32 is filed but if 32 is not filed and company is not under. Section 383 than it can appoint a pcs as a consultant or advisor and which may be full time