Compliance Certificate

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A company having paid up share capital of 4.00 Crore have appointed a CS.

Now my query is whether it is compulsory for that company to obtain compliance certificate under section 383A also from a practicing company secretary.

Replies (9)

Ankur Garg

Company Secretary and Compliance Officer

114788 Points Joined January 2009

No in your case compliance certificate is not required to be filed.

Regards

Ankur Garg

Company Secretary and Compliance Officer

114788 Points Joined January 2009

Amended & Applicable Provision from 15th March 2009:

Get Mandatory Compliance Certificate:

if your share capital is between 10 lakhs & 2 crores;
if your share capital is between 2 crores & 5 crores and you have not appointed whole time company secretary.

Mandatorily appoint a Whole Time Company Secretary:

if your share capital is between 2 crores & 5 crores and you have not got the Compliance Certificate;
if your share capital is above 5 crores.

And, NO special provisions for Companies having its registered office in a place with a population of less than one lakh as per 2001 census.

CS Ankur Srivastava

Company Secretary & Compliance Officer

17858 Points Joined November 2008

Where the company has appointed Company Secretary, it does not requires Compliance Certificate.

Neeta

Finance

345 Points Joined December 2009

A Company with Paid up capital between 10 lakhs and 2 crores and having a company secretary need file the Compliance certificate ?

Ajay Mishra

Company Secretary

74352 Points Joined March 2009

As per my understanding, a company having paid up capital of 10 lakhs or more but less than5 Crores shall obtain Compliance Certificate from PCS provided if such company has appointed Whole Time Secretary who is member of ICSI then compliance certificate is not required to be obtained.

CS Sagar Khandelwal

Practice

87 Points Joined September 2008

Hi...

What happens if the company as per section 383A is required to appoint a Company Secretary and do not do so... is the company under obligation to take a compliance certificate fro a Practicing Company Secretary ...

Thanks in advance....

Shraddha Shukla

Corporate law Consultant

346 Points Joined May 2009

Originally posted by : CS Sagar Khandelwal
	Hi... What happens if the company as per section 383A is required to appoint a Company Secretary and do not do so... is the company under obligation to take a compliance certificate fro a Practicing Company Secretary ... Thanks in advance....

In that case it is efinteily a default because it needs to be done as per law but the company has not done. However in such cases the work of the company is generally looked up by any practicing professional. so the company can take the plea that the CS could not be appointed because no suitable candidate could be found.