22 December 2010
Dear Ankush , Note the First Proviso to S.383A,
Provided that every company not required to employ a whole-time secretary under sub-section (1) and having a paid-up share capital of ten lakh rupees or more shall file with the Registrar a certificate from a secretary in whole-time practice in such form and within such time and subject to such conditions as may be prescribed14, as to whether the company has complied with all the provisions of this Act and a copy of such certificate shall be attached with Board’s report referred to in section 217.]
So Every Company having a paid-up share capital of ten lakh rupees or more shall file Compliance Cerificate with ROC.
Agreed, every company having a Paid up capital of Rs.10 Lacs or more but less than Rs. 5 Crores is required to obtain a Secretarial Compliance Certificate from a Company Secretary in whole time practice and is also required to file the same within 30 days from the date of AGM with the ROC in prescribed E-form 66 along with the requisite filing fees.
Secretarial Compliance Certificate is to be annexed to the Director's Report.
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