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Appointment of company secretary

Aviraj (Service) (31 Points)

29 January 2010

Dear all, Can a Company Secretary of a private Ltd Company having share capital of more than 5 crores be an employee of another company of the same Group? Any case laws regarding the subject

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10 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 30 January 2010

In your case === On the roll of another company as an employee is not possible.

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CourseCart.in (Mentor at SHAYVIDZ Academy) (3756 Points)
Replied 30 January 2010

agreed wid ankur sir..

coz in ur case, that CS is already a full time employee in that pvt limited.. so he cannot join any other company..

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Aviraj (Service) (31 Points)
Replied 30 January 2010

In my case the Pvt Ltd company is a family owned NBFC with 5 employees taken on contract. I am working for the group's reputed company as a Secretarial officer. Since I am a qualified company secretary and do not want to lose my pf and other payroll benefit's, I wanted a claification .I do not want to go against the spirit of the provisions laid down in the Act. Regards, Avinash

kirti arora (CS, CA IPCC) (45 Points)
Replied 30 January 2010

no its not possible beacoz he is already a whole time company secretary in other company that mean he is in full time employment in a company.. so how can he join at the same time another company

CourseCart.in (Mentor at SHAYVIDZ Academy) (3756 Points)
Replied 30 January 2010

Originally posted by : Aviraj
	In my case the Pvt Ltd company is a family owned NBFC with 5 employees taken on contract. I am working for the group's reputed company as a Secretarial officer. Since I am a qualified company secretary and do not want to lose my pf and other payroll benefit's, I wanted a claification .I do not want to go against the spirit of the provisions laid down in the Act. Regards, Avinash

Dear..

In my opinion.. u shud take CP n take the all work on contract basis as a CORPORATE CONSULTANT of that group.. in that case the company will need a CS just for the formalities(signatures), n for that u can connect wid other CS in ur circle..

U can join as full tme CS in 1 company nd can draw payments unofficially for other companies.

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CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 30 January 2010

Company Secretary in employment can not be in the employment of any other company at the same time.

CA.SKR (CA; CS-Final (One Group); DISA (ICAI); Insolvency Professional) (442 Points)
Replied 30 January 2010

No, a Company Secretary in full time appointment can not take up another appointment in another company.

Aviraj (Service) (31 Points)
Replied 30 January 2010

Dear All I am not the company secretary of the company. I am an Assistant working under Company secretary and designated as secretarial officer of the company and in its payroll.

CS. Ashish Shah (Service) (175 Points)
Replied 03 February 2010

Dear Aviraj,

If you are asst. then also there will be a problem, if you appionted as a CS of another company, you will not be able to get asst. CS possition in your present company.

you have only one choice. 1. to be here as a asst. cs in your present company or 2. to become a full fledge cs in another company

Mitali Agarwal (Company Secretary) (638 Points)
Replied 03 February 2010

Yes, I agree with Mr. Ashish that though you are Assistant CS of a company but since u r at the payroll of that company, you cannot work as full fledged CS of another co.