If a pvt. ltd. co. is having a paid-up capital above Rs. 5 crores but the company has not appointed any company secretary then is the company required to obtain a Compliance Certificate and file Form 66? If yes then please tell me where is this written?
In this case CC is not mandatory, though there is not employee CS.
| Originally posted by : Dipjyoti Majumdar | ||
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In this case CC is not mandatory, though there is not employee CS. |
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sorry to cross you Madam, but I think in this case it is mandatory to have CC from a CS as the capital is above 5 crore... please explain on what basis you are denying the mandatory requirement of CC?
The circular displayed on mca site says that its mandatory to appoint CS if paid-up capital is above 5 crores & its mandatory to get CC if paid up capital is between 10lacs-5crores.
But nowhere it is mentioned whether co. is required to obtain CC in case paid up capital is >5cr and co. has not appointed a CS.
Logically it seems we need to take CC in such a case but I just want to know is it mentioned anywhere in law/circular/rules?
i have re-read the
amendment in rule 3 COMPANIES (APPOINTMENT AND QUALIFICATIONS OF SECRETARY) AMENDMENT RULES, 2009
and yes i think you are right ....it's not mentioned specifically...!!!
Dear All,
if the Compnay's Paid up capital is Rs. 5 Crs it has to Compulsorily appoint a CS in t Whole time Employement.
If the Company fails to do dis then it shall be a default on behalf of the Company and company and every officer of the company who is in default, shall be punishable with fine which may extend to five hundred rupees for every day during which the default continues
Regards
Shivi
CAclubindia
