Compliance Certificate

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

Regards

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.

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

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

Hi

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....

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.

Hi kindly see the circular.

General Circular No. 35/2003 which mention that no Compliance Certificate required in the company who appointed wholetime secrectary.

Hi

Agreed with Ms. Shraddha................