Naresh Sakhuja (AO) (76 Points)
04 March 2014Dear Sir,
In public limited Company which is having less than 5 crores Capital, a Company Secretary is appointed.( Though it was not compulsory). Form 32 is also not filed.
My Question is in what Capacities or authority, the appointed CS can sign documents or do any other Acts.
Regds
Naresh
P C Agrawal
(Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad)
(8229 Points)
Replied 04 March 2014
You have to check his designation as per his letter of appointment. If he is appointed as ':Company Secretary', then Board resolution and filing of Form 32 is mandatory and he can sign documents as CS. However, if he is appointed as say Finance Manager, Form 32 is not required and he can sign documents as FM only.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 04 March 2014
If you have appointed a Company Secretary. File form 32 and he will sign in the capacity of CS.
Form 32 may be filed at a later stage, however, he may sign the documents in his capacityof CS.
Naresh Sakhuja
(AO)
(76 Points)
Replied 04 March 2014
Avneesh Mishra
(CS Trainee)
(502 Points)
Replied 05 March 2014
Dear Naresh,
As per the letter of appointment, if he has been designated as Company Secretary then the company has to file Form 32 with a Board Resolution which was passed in the Board Meeting.
After deputation, he himself becomes the Key Managerial Person and till the filing of form 32, he can excercise the powers in the capacity of CS.
Trust it clarifies.
Regards.
Naresh Sakhuja
(AO)
(76 Points)
Replied 05 March 2014
Thanks for the Reply.
In his letter of appointment, he was appointed as Manager. But just someone to check and comply with all provisions of Companies Act, he has been additionally designated as CS in Board Meeting though it was not mandatory. Hence Company is not willing to file Form 32.
Regards.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 05 March 2014
Naresh Sakhuja
(AO)
(76 Points)
Replied 05 March 2014
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 05 March 2014
However, in case the paid up capital is more than 2 crores and below 5 crores and the company has appoointed a full time company secretary, there is no need to file compliance report.
Naresh Sakhuja
(AO)
(76 Points)
Replied 05 March 2014
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