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Appointment of CS u/s 383A

Dilen (Self Employed) (57 Points)

29 January 2010

Respected Sir / Madam, Please provide your expert views on few doubts that I have regarding the appointment of whole time CS in a company u/s. 383A: 1-Should he/she be appointed as an employee-whether full time or part time, or the appointment can be on retainership / consultancy basis? 2-Should separate CS be appointed for every company of the same group or can a single person be appointed for all the companies belonging to a group?

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 29 January 2010

A CS is a full time employee of the company.

Separate CS needs to be appointed for all the companies belonging to a same group depending up on the paid up capital of the company.

Regards

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 29 January 2010

APPOINTMENT OF COMPANY SECRETARY

The Chairperson explained to the board the requirement regarding the appointment of the Company Secretary on the Board of Directors. After certain deliberation the following resolution was passed unanimously:

“RESOLVED THAT pursuant to the provisions of Section 383A of the Companies Act, 1956 and other applicable provisions if any, Mr. _________, a member of the Institute of Company Secretary of India, who possess the requisite qualification as prescribed under the Companies (Appointment and Qualifications of Secretary) Rules, 2002, be and is hereby appointed as Company Secretary of the Company, w.e.f. 26.12.2002.

RESOLVED FURTHER that any director of the Company be and is hereby authorised to sign, modify and/or alter any statutory forms and related documents to give effect to the above resolution as and when required with Registrar of Companies and file any statutory forms and related documents in physical or digital form.”

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CourseCart.in (Mentor at SHAYVIDZ Academy) (3756 Points)
Replied 29 January 2010

Dear Dilen,

Agreed wid ankur sir..

Please find the attachment regarding provision of appointment of full time CS..

Adarsh

CourseCart.in (Mentor at SHAYVIDZ Academy) (3756 Points)
Replied 29 January 2010

Dear Dilen,

Agreed wid ankur sir..

Please find the attachment regarding provision of appointment of full time CS..

Adarsh

Attached File : 6 appointment of cs in full time practice.doc downloaded: 451 times

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RADHIKA JALAN (agarwal) (1521 Points)
Replied 29 January 2010

totally agreed with ankur sir..............

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J. Manivannan (Advocate & IP) (242 Points)
Replied 29 January 2010

Dear All, If your company or companies having paid-up capital Rs. 5 crores or more should appoint a company secretary. As per sec 383A, a separate company secretary needs to be appointed for each companies, if said condition is fulfilled. A person can’t be act as a CS for more than one Company eventhough for group concerns. Less than Rs. 5 crores, the Board may desire to appoint either a CS in full time employment or CS in practice at retainer basis.