Eligibility to act as a company secretary

1213 views 8 replies

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

 

Replies (8)

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

YES, A DIRECTOR CAN BE APPOINTED AS CS.

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

 

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.

 

 

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.

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.

 

 

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

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 16 July 2026
Article Assistant

G A R U D & Associates

New Delhi

CA Inter

View Details
Company
22 July 2026
Senior Chartered Accountant

SKSS

Patna

CA

View Details
Company
16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT , CA SemiQualifie

Vakilsearch.com

Chennai

CA Inter

View Details
Company
28 July 2026
Senior accountant

RJ Public School

Bengaluru

B.Com

View Details
Company
23 July 2026
Semi qualified CA

Garg Bros & Associate CA

New Delhi

CA Inter

View Details
Company
05 July 2026
Financial Controller

NovumLake Partners

Mumbai

CA

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details
Company
Featured 18 July 2026
CA Articleship

apricus india

Mumbai

CA Inter

View Details