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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.

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9 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 23 February 2010

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

Regards

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 23 February 2010

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) (17848 Points)
Replied 23 February 2010

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

Neeta (Finance) (345 Points)
Replied 30 October 2010

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) (74337 Points)
Replied 30 October 2010

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.

Attached File : 44 appointment of cs.xls downloaded: 155 times

CS Sagar Khandelwal (Practice) (87 Points)
Replied 24 November 2010

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)
Replied 25 November 2010

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.