Company Secretary

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

27 August 2010 As per Sec.383A of the companies act every Company required to employ a whole time secretary if paid up share capital is more than 5,00,00,000/-.If company has not appointed said secretary than whether auditor has to disclose this? If yes where it should be disclosed I mean in Auditors report or Notes to accounts.

Aditya Maheshwari

Aditya Maheshwari (Expert)
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27 August 2010 notes to account will also suffice.

Jagruti (CS)

Jagruti (CS) (Expert)
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27 August 2010 No need to state any where in the annual report that CS is not appointed. There is no such requirement in the COmpanies Act.

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Ankur Garg

Ankur Garg (Expert)
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27 August 2010 Agree with Jagruti...

Moreover if he wants to comment over the violation of section 383A then simply mention the same in Auditors' report.

It has nothing to do with Notes to Accounts.

Regards

Ajay Mishra

Ajay Mishra (Expert)
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27 August 2010
Dear Friend

Yes The Auditor's Report can specify that the company has not complied the provisions of section 383A of the Companies Act, 1956.

Regards
CS Ajay Mishra