Compliance certificate

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CS Seema (Querist)
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21 September 2011 dear experts,

please tell me is there any requirement for compliance certificate even if there is a full time company secretary is in company n its paid up capital is more than 5 crore as some of my senior says that compliance is required in above said situation also from a practising CS. even in some books its given that Compliance is required even if CS is there in company. Please clarify

CMA Ashutosh Kumar Gupta

CMA Ashutosh Kumar Gupta (Expert)
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21 September 2011 Please check the MCA notification no. F.No.-1/6/2008-CL-V issued on 5th Jan'09 whereaby it has been provided that such a certificate as referred in sub-rule 3 of the Originally circulated rules of 2001 is not required from the Company Secretary in Whole time practice having Company already appointed a qualified whole time secretary as prescribed and therefore, Certificate is certainly required but not necessarily from a practicing CS BUT required from the appointed qualified CS and to be placed in the AGM of the Co., its' my view.