Hi,
Can a person who has become CS but not obtained membership number can be appointed as whole time comany secretary of private company?
11 Replies
Deepak Gupta
(CA Student)
(15922 Points)
Replied 04 February 2012
No person shall be appointed as whole-time secretary unless he is a member of the Institute of Company Secretaries of India constituted under the Company Secretaries Act, 1980 (56 of 1980).
For more details, refer:
Companies (Appointment and Qualifications of Secretary) Rules, 1988
https://www.mca.gov.in/Ministry/actsbills/rules/CAaQoSR1988.pdf
GURMUKH
(CS)
(81 Points)
Replied 05 February 2012
If the paid up capital of the Company is less than 5 crore than he can be appointed as CS as even a executive (Intermediate) level pass can be appointed as CS in such Company.
However, if the paid up capital is 5 crore or more than only a member of ICSI can be appointed as CS.
CS Lucky Popli
(Company Secretary)
(84 Points)
Replied 06 February 2012
Dear Gurmukh,
think limit for the same has been changed from 2 crores to 5 crores...
learned members, kindly advise...
Thanks / Lucky Popli
Srikanth
(Tax Associate)
(297 Points)
Replied 06 February 2012
A Company Secretary within the meaning of The Company Secretaries Act only can be appointed as secretary & the person should be duly qualified CS with membership given by the CS Institute.
PRAFULLA
(article)
(47 Points)
Replied 06 February 2012
agree with gurmukh........ coz i hav studid somewhere dat even a executive passed can be appointed as cs for pvt co.
CS Rajveer Rai, Gurgaon
(CS)
(646 Points)
Replied 06 February 2012
yes if paid up capital is less then 5 cr even a cs executive pass can be appointed as company secretary even MCom pass become company secretary you may also file form 32 even not being member of institute plz check form 32 thoroughly
Harish Singh
(Student)
(53 Points)
Replied 10 February 2012
1.as per section 383a of the company act,1956 lays down that every company having share capital 5cr or more require whole time company secretary.
2.a company having a paid up share of 2cr or more but less than 5cr may appoint any individual as whole time secretary who is member of (ICSI) eg. who pass excuative programe.
3. a company having a paid up share less than 2cr may appoint any individual as whole time secretary who is pass post graduate degree in commerce.
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