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Appointment of Company Secretary in PSU

Rakhee (Company Secretary) (62 Points)

01 February 2010

A company secretary in PSU has retired on 31st January 2010. There is no formal circular or letter issued for his retirement. Therefore, what document is required to be attached for filing Form 32 within 30 days. Moreover, the next company secretary to be appointed will be appointed in the Board meeting which will most probably be held in March end. So, will the company be defaulted for not having a company secretary for the period between filing of Form 32 for cessation and appointment in March end? Please suggest.

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3 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 01 February 2010

Hi Rakhee, with form-32 for cessation you may attach certified copy of terms and condition of appointment of CS which contained the clause of his/her retirement after a particular time period.

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kirti arora (CS, CA IPCC) (45 Points)
Replied 01 February 2010

There is no violation made by the company. its an interal matter of the company. company can appoint the next cs in the earlier Board meeting. Company need to only form -32 with ROC regarding retirement and appointment of cs.

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 01 February 2010

For appointment you may do one thing. In your march BM you may appoint new CS w.e.f. the cessation of previous CS (with the consent of new CS). This is a valid practice but you have to pay the extra fee to ROC while uploading form 32 for appointment.

Another option would be == vacation (which is not delibrate) in the office of CS for a reasonable period is not a default at all. So you may also appoint new CS w.e.f. march BM.

I think you should go for second option. Thanks