Company secretary

You have to check his designation as per  his letter of appointment.  If he is appointed as ':Company Secretary', then Board resolution and filing of Form 32 is mandatory and he can sign documents as CS.  However, if he is appointed as say Finance Manager,  Form 32 is not required and he can sign documents as FM only.

If you have appointed a Company Secretary. File form 32 and he will sign in the capacity of CS.

Form 32 may be filed at a later stage, however, he may sign the documents in his capacityof CS.

Dear Naresh,

As per the letter of appointment, if he has been designated as Company Secretary then the company has to file Form 32 with a Board Resolution which was passed in the Board Meeting.

After deputation, he himself becomes the Key Managerial Person and till the filing of form 32, he can excercise the powers in the capacity of CS.  

Trust it clarifies.

Regards.

Thanks for the Reply.

In his letter of appointment, he was appointed as Manager. But just someone to check and comply with all provisions of Companies Act,  he has been additionally designated as CS in Board Meeting though it was not mandatory. Hence Company is not willing to file Form 32.

Regards.

However, in case the paid up capital is more than 2 crores and below 5 crores and the company has appoointed a full time company secretary, there is no need to file compliance report.