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Requirement of noc from previous c.s.

Ankit Somani (Manager F & A) (25 Points)

20 October 2011

Dear all,

Please guide me, whether there is any requirement for obtaining NOC from previous C.S. in case if we decide to obtain compliance certificate from a different C.S.

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7 Replies

Krishna Chandra Mohanta (Company Secretary) (54 Points)
Replied 20 October 2011

Dear Ankit,

It is required NOC from the previous Practising CS.

1 Like

Ankit Somani (Manager F & A) (25 Points)
Replied 21 October 2011

Dear Sir,

Thank you Very much for replying. Can U please guide me with the section or anything similar where i cound find this statement, as im confirm about the fact that NOC is required from previous C.S. if we appoint him as a CS of the company, but is it required for copliance certificate as well.??

Shridhi Jain (Company Secretary) (1678 Points)
Replied 21 October 2011

I dont think that NOC is required. If it is so then pls clarify so that even i may also knw this.

Harshavardhan (Company Secretary) (21 Points)
Replied 08 July 2013

Yes, NOC is required.

Please refer to the Order No. ICSI/DC:111/2012 passed by Board of Discipline ICSI.

Namrata (Others) (38 Points)
Replied 10 July 2013

Actually I just hate the cast system in the recruitment process. Only because of that the desire post is given to the candidate who dont deserve that.

umaa's legal clinic (simple solutions for complex legal issues) (165 Points)
Replied 10 July 2013

Dear Ankit,

1. Compliance certificate is issued by a practicing company secretary.

2. In order to issue certificate the company secretary shall have right to access at all times to the registers, books, papers, documents and records of the company under rule 3(3) of the Companies (compliance certificate) rules, 2001.

3. Such right shall be created by the appointment of company secretary by the board of directors only.

4. Companies act is silent about the appointment of company secretary. However Articles of association usually contain a clause for appointment of company secretary. A company secretary in whole time practice is appointed for issuing compliance certificate for a period of time fixed (tenure).

4. In your case If the tenure of the previous company secretary is lapsed no NOC is required and appoint a new company secretary in whole time practice.

5. If he is still continuing in such position take noc and authorise the new company secretary by a board resolution.