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CS appointment & F 32

Rahul (Company Secretary & Manager-Legal) (216 Points)

05 September 2010

Dear members,

kindly clarify the following,

a company intending to appoint a CS has appointed one as an Asst Company Secretary (as is mentioned in his appointment letter) and further instructed him to file Form 32.

but for the purpose of 383A and Form 32, the designation should have been Company Secretary in the appointment letter.

Further in the Board Resolution also it should be mentioned as "Company Secretary" and not as "Asst CS". Please confirm.

However if such anamoly is not removed from the appointment letter but other wise if we arrange to pass a Board resolution mentioning the same person as COMPANY SECRETARY, will that be a sufficient compliance because the attachment to F 32 is the board resolution and not appointment letter.

regards,

ACS Rahul

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4 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 05 September 2010

Dear Rahul,

Your doubt is valid as the post of Asst. CS has nothing to do with form 32 and compliance of section 383A.

Amendment in board resolution is fine as far as ROC compliance is concerned. But i would also advise you to collect modified appointment letter from the company to avoid any future problem and to maintain healthy relationship with the company.

Regards

Rahul (Company Secretary & Manager-Legal) (216 Points)
Replied 05 September 2010

thanks ankur sir.

swati sheth (ASSISTANT COMPANY SECRETARY) (55 Points)
Replied 03 November 2010

Originally posted by : Rahul
	Dear members, kindly clarify the following, a company intending to appoint a CS has appointed one as an Asst Company Secretary (as is mentioned in his appointment letter) and further instructed him to file Form 32. but for the purpose of 383A and Form 32, the designation should have been Company Secretary in the appointment letter. Further in the Board Resolution also it should be mentioned as "Company Secretary" and not as "Asst CS". Please confirm. However if such anamoly is not removed from the appointment letter but other wise if we arrange to pass a Board resolution mentioning the same person as COMPANY SECRETARY, will that be a sufficient compliance because the attachment to F 32 is the board resolution and not appointment letter. regards, ACS Rahul

I have a different query on this subject. In companies act, where does it state that a company needs to appoint a CS by way of Board resolution?i mean in which section mandates this? Cant it be by way of a committee resolution or is a board resolution required anyways?

I would like to have the clarity on this concept, even though its a very basic question. Kindly rvert with your views and opinion, if any.

Regards,

Swati