Sec 25 company

This query is : Resolved

Rahul (Querist)
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04 September 2010 Dear Experts,

kindly help me to understand the following,

1. a company registerd u/s 25 is not required to appoint CS.

Can that also be construed as an exemption from sumbitting compliance certificate issued by PCS.

2. Form 32 is requited to be filed on appt/resig of Directors and CS. But a Sec 25 company is not required to file Form 32 but only should maintain a register and update therein of all changes in directors/Secy etc. Kindly Confirm.

regards,

Rahul

SANJAY TALATI

SANJAY TALATI (Expert)
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06 September 2010 Sec. 25 Company, being a non profit making organisation for the promotion of commerce art, science, religion, charity , has been granted from the applicability of the certains provisions of the Companies Act,1956. However, Sec. 383A of the Act relating to the compulsory appointment of CS, has not been exempted. Further, in case the paid up capital of the Company is Rs. 10 lacs or more and not required to appoint a secretary, the Company shall require to obtain compliance certificate under sec. 383A of the Companies Act and to file it with ROC.

There is an exemption from the applicability of Sec. 303(2) and hence no return to registrarto be filed for appointment /resignation of director/secretary.