01 November 2021
A private limited company was liable to appoint full time company secretary since year 2015, but it failed to do required appointment of CS and so company was not allowed to file INC-22A 1) Can company appoint CS in current year 2021 ? 2) Can it file INC-22A after appointment of CS in current year 2021 ?
09 July 2024
Here are the answers to your queries regarding the appointment of a Company Secretary (CS) and filing INC-22A for a private limited company in India:
1. **Appointment of Company Secretary (CS) in 2021**: - Yes, the private limited company can appoint a Company Secretary in the current year 2021. There is no restriction on appointing a CS in any specific year, as long as the company meets the requirements under the Companies Act, 2013, and its rules.
2. **Filing INC-22A After Appointment of CS**: - Once the company appoints a full-time Company Secretary, it can proceed to file Form INC-22A (also known as e-Form ACTIVE) with the Ministry of Corporate Affairs (MCA). - Form INC-22A is required to be filed annually to confirm the active status of the company and provide details of the registered office address and other compliance-related information. - The appointment of a Company Secretary is essential for compliance with certain provisions of the Companies Act, including filing necessary forms with the MCA.
### Key Considerations:
- **Compliance Timeline**: Ensure that all compliance requirements under the Companies Act, such as appointment of key managerial personnel like the CS, are met promptly.
- **Form INC-22A Filing**: The filing of Form INC-22A is mandatory for all companies to maintain compliance and avoid penalties.
- **Professional Advice**: It is advisable to consult with a company secretary or a legal advisor specializing in corporate laws to ensure all steps are followed correctly and timely.
By appointing a Company Secretary and subsequently filing Form INC-22A, the private limited company can rectify its compliance status and continue its operations smoothly within the legal framework.
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