A Co. appointed a CS on 20 may 2019 and board meeting for his appointment was held on 29 may, 2019. Is it fine? I dnt find any restriction in the act
Chirag
(Professional)
(1979 Points)
Replied 22 May 2019
Shrikant
(Associate)
(350 Points)
Replied 24 May 2019
Company Secretary is Key Managerial Personnel as per section 203 of the Companies Act, 2013 (Act). As per Section 203 (2) of the Act, Every whole-time key managerial personnel of a company shall be appointed by means of a resolution of the Board containing the terms and conditions of the appointment including the remuneration.
Even though there is no harm if you appoint a Company Secretary on May 20 and get the same approved in the board meeting by way of resolution on May 29. But it would be better if you take date of appointment and date of board meeting as same.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India