Can a inter cs be a wholetime cs

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

05 May 2014 Can a Intermediate of CS be appointed as a wholetime CS in a Company whose paidup capital is less than 5.00 Crs.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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05 May 2014 No CS Inter can not be appointed as Company Secretary since for becoming Company Secretary you need to have membership of the Institute.

Querist : Anonymous

Querist : Anonymous (Querist)

06 May 2014 but COMPANIES (APPOINTMENT AND QUALIFICATIONS OF SECRETARY) RULES, 1988 permits Inter CS to be appointed as Wholetime CS based on Paidup Share Capital criteria.

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Aalok Chhaperwal

Aalok Chhaperwal (Expert)
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06 May 2014 In my opinion, Rule 2(3) of COMPANIES (APPOINTMENT AND QUALIFICATIONS OF SECRETARY) AMENDMENT RULES,1988 permitts to appoint InterCS as CS if Paidup share capital is below Rs. 2.00 Crores.

Sanjayji, pls correct me if I am wrong.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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06 May 2014 Yes Aalok Ji Inter CS could have been appointed as whole time Secretary under Companies Act 1956. The term used will be Secretary and not Company Secretary.

Under companies Act 2013 see section 2(24) alongside section 2(1)(c) of the Company Secretaries Act 1980. It defines company secretary as a person who is member of the Institute.