How many designation may be hold by an company secretary

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

30 June 2016 IS AN COMPANY SECRETARY HOLD MORE THAN ONE DESIGNATION OR COMBINED DESIGNATION E.G. :-
CS AND CFO OR
CS AND MANAGER INTERNAL AUDIT OR ETC.

IS ANY ISSUES IN EYE OF LAW.

CA Arihant Kothari

CA Arihant Kothari (Expert)
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30 June 2016 In my opinion, a person can hold multiple designation.

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Querist : Anonymous

Querist : Anonymous (Querist)

30 June 2016 THANKS FOR REPLY,

BUT PLEASE CLARIFY THAT HOW MORE THAN ONE DESIGNATION TO BE SHOWN IN FORM DIR - 12

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Rupesh Jain

Rupesh Jain (Expert)
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30 June 2016 in my opinion when you hold company secretary then you are doing the job as CS not on the other . you can do as compliance officer/law officer etc.

Querist : Anonymous

Querist : Anonymous (Querist)

30 June 2016 please clarify is Company Secretary not hold position of Assistant Manager (Internal Auditor) with designation of Company secretary

Rupesh Jain

Rupesh Jain (Expert)
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30 June 2016 sir if you are company secretary then in my opinion you may not take any legally position in company.
w/o formality you can do as company management wish.

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Querist : Anonymous

Querist : Anonymous (Querist)

01 July 2016 Dear rupesh ji,

Thanks for your reply.....

But issue is not about liability , first issue is that "Is as per provisions of Companies Act, 2013 an Company Secretary hold more than one designation / position or not?"

c.bakshi

c.bakshi (Expert)
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04 July 2016 refer to Section 203 of Companies Act, 2013

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Querist : Anonymous

Querist : Anonymous (Querist)

04 July 2016 Already read Section 203 but same is not clear.....

Kindly resolve.

c.bakshi

c.bakshi (Expert)
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04 July 2016 if a person appointed as COMPANY SECRETARY and covered under the meaning of Class of Company, then such person can hold only as the position of Company Secretary in whole time employment and in DIR-12 ONLY CS should be covered and rest all other designation like CEO, CFO or Manager etc. multi tasking is allowed only if it articles provides so and company do not carry multiple businesses. however, after the commencement of act, no person can hold two designation at the same time except in the case of subsidiary company. last but not least I am agreed with Rupesh Sir, You can impose multiple responsibilities on CS.

Querist : Anonymous

Querist : Anonymous (Querist)

04 July 2016 In various listed companies we can see CFO and Company Secretary designation are held by one person..... is it non compliance of LAW??

c.bakshi

c.bakshi (Expert)
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05 July 2016 give an example of a company where the person is holding CS in full time employment and some other designation.

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Querist : Anonymous

Querist : Anonymous (Querist)

06 July 2016 See balance sheet of Hero Moto Corp, Adani Enterprises, Maruti Suzuki, BSL Limited etc. Various companies......

Kindly see and reply......