Eligibility to act as a company secretary

Jyoti Bandodkar (Student) (25 Points)

18 January 2012

Can a person who is an executive director in a company act as a company secretary in the same company?

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SkDash (CS (Member) CWA (Final)) (909 Points)
Replied 18 January 2012

i read somewhere, where the number of directors is more than 2, one director can act as Secretary. Coming to the question of whether executive director can be a CS in the same company? my Ans will be YES if in the same company

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(Guest)

YES, A DIRECTOR CAN BE APPOINTED AS CS.

Jyoti Bandodkar (Student) (25 Points)
Replied 18 January 2012

what if the company has only 2 directors? (private)

(Guest)

Originally posted by : SkDash
	where the number of directors is more than 2, one director can act as Secretary.

AGREE, IF THERE ARE ONLY 2 DIRECTORS IN A COMPANY, NONE OF THEM CAN BE APPOINTED AS CS.

(Guest)

Where the Board of directors of any company having a paid up capital of Rupees Five Crores or more
consisting of only two directors, neither of them shall be appointed as a secretary of the company.

However, if a private company has more than two directors and a public company which has more than three directors on the Board, one of them can act as a secretary subject to the possession by him the prescribed qualifications under the Companies (Appointment and Qualification of Secretary) Rules, 1988 and subject to the compliance of the provisions of section 314 of the Companies Act, 1956.

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CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 24 January 2012

Dear Neha, please let me know that if the director is an executive director, suppose there are more than two directors in company, as mentioned by the Ms. Jyoti means the director is already giving his services to the company as a director and getting the salary as executice director, then how can he perform the functions as Company Secretary.

(Guest)

He can also be appt as CS and held office or place of profit u/s 314

Arunodoy (Company Director) (78 Points)
Replied 15 March 2019

Originally posted by : Jyoti Bandodkar
	what if the company has only 2 directors? (private)

I too want to know, in such case, who will be the Witness signatory in their SH-1 certificates?

Is any COMPANY SECRETARY mandatory there?

The companies Act rule says "Secretary or any other person", but not doesn't say "Company Secretary" i.e. a CS.