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Appointment of cs

swapnil dabke (senior executive) (320 Points)

30 May 2013

Mr. A is a Company Secretary of ABC Ltd. resigned from the post on 19.05.2013. He file form 32 on the same date. Even form is approved. So within how many days ABC Limited should appoint new company secretary & file form 32 of the newly appointed cs ?

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5 Replies

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 30 May 2013

No time limit as such has been prescribed in the Act. If the paid-up capital is Rs.5 crores or more, you should take steps for appointment of new CS within a reasonable period and keep documentary evidence with you for replying to ROC/other authorities in case some query is raised.

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 30 May 2013

Agree with the observation of Mr. Agrawal.

Take suitable action for the appointment of new CS and appoint new CS within due course of time. I am sure you won’t receive any query from any authority as long as your efforts to appoint a new CS are genuine.

Thanks

SkDash (CS (Member) CWA (Final)) (909 Points)
Replied 30 May 2013

Agree with PC Agrawal and Ankur Garg so far as Companies Act is concerned. But what about listing agreement? Is there any time limit within which a person need to be nominated as Compliance Officer?

Rohit Aggarwal (ACA Bcom (H) MBA MCom) (470 Points)
Replied 30 May 2013

Similar case happened last year with one of our clients and till now they have not received any order/notice/query from the ROC and other authorities.. So the view point of Mr. Ankur is purely true..

Thanks.