Threshold limits restored for appointment of whole time cs

Dear All,


Following large scale protests by the Company Secretary Fraternity and post submission of representations by the Institute of Company Secretaries of India (ICSI), the Ministry of Corporate Affairs (MCA) has finally restored the threshold limits for appointment of Whole Time Company Secretary to Rs. 5 Crore and this requirement is also applicable to Private Companies. Earlier in the KMP Rules, the appointment of KMP was mandatory only for public companies with Rs. 10 Crore or more of paid-up capital.

This will surely reinforce the intention and objective of the Companies Act, 2013 being Governance and Compliance. New Rule 8A has been inserted in the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, which is reproduced below:


“8A. Appointment of Company Secretaries in companies not covered under rule 8.—A company other than a company covered under rule 8 which has a paid up share capital of five crore rupees or more shall have a whole-time company secretary.”


Please find below the link to download MCA notification is reproduced here under.


https://www.egazette.nic.in/WriteReadData/2014/159829.pdf

Hope this information would be of some help.



Thanks
CS Ankur Garg

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Replies (9)
Thank you sir. But, I think PCSs are still in danger zone as compliance certificate and pre certification are in vague.

Sir,

if any company due to financial difficulty is not able to appoint CS, what will be consequences

Section 8A is being inserted by keeping rule 8 without any change , it means that private companies having paid upcapital of Rs.5 Crores or more must  appoint full time company secretary  ( vide rule 8 of  Appointment & remuneration of managerial personnel , 2014 ) , whereas all unlisted public companies having paid up capital of less than Rs.10 Crores  are exempted from appointing full time company secretary vide rule 8 . There is no logic on compelling the private company to appoint CS once it has paid up capital of Rs.5 Crs  whereas there is no such compulsion on  unlisted public companies to appoint full time CS once it's paid up capital crosses Rs .5 Crs .

     

Originally posted by : Mohit Aggarwal
Sir,

if any company due to financial difficulty is not able to appoint CS, what will be consequences

Oops...that financial difficulty exception as provided in Section 383A of CA 1956, is not there in CA 2013.

Yes , Financial difficulty was one of the grounds for not appointing full time CS in the previous Act whereas nothing was mentioned about this kind of excuses in the current CA 2013  becuase  the  CS would come under KEY MANAGERIAL PERSONNEL .

Appointment here means Employment only ?

 

 

Originally posted by : Ritin Kharbanda
Appointment here means Employment only ?

 

 

Yes. It is all about employment for which DIR.12 is to be filed with OC.

 

Thanks

Originally posted by : Ankur Garg



Originally posted by : Ritin Kharbanda



Appointment here means Employment only ?

 

 





Yes. It is all about employment for which DIR.12 is to be filed with OC.

 

Thanks

What is the time limit to appoint a CS under CO's Act,2013.

 

Regards

Dear sir,

When any private company falls under rule 8A after increasing its paid up capital to Rs. 8 crores , then within which time limit company Sectretary must be appointed.

Regards

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