Anshu Shrivastava (company secretary) (143 Points)
31 August 2012Dear all
Theres an Unlisted Public company who appointed cs for the year frm november while the paid-up capital in respect of the said company crossed the limit of 5cr. in w.e.f 06th september.Now the question arises that is the company required to obtain compliance certificate in this case for part of the year?
Pls provide ur views.
Regards
Anshu
Neha Julka
(Company Secretary)
(32 Points)
Replied 31 August 2012
See its better to get the Compliance Certificate in this case.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 01 September 2012
As such the Company has appointed a Company Secretary and the Capital of the Company has increase to Rs. 5 Crores, the Company is not required to file Compliance Certificate in respect of f.y. 2011-12 as well.
CS MOHIT SALUJA
(PRACTICING CS Jalandhar 9914558709)
(5155 Points)
Replied 01 September 2012
But Practice has been seen in a no. of companies that tehy get teh Compliance Certificate from the Company Secretary and do file along with other documents although not required
Compliance certificate will be filed in this case because ceiling of capital (i.e. less than 5 crore for applicability of compliance certificate) is seen for the year ended 31st March which is 31.03.2012 and hence it is mandatory to obtain Compliance certificate for the year 2011-2012 since capital increased to more than 5 crore in sept 2012.
With Regards
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 03 September 2012
Neha ji,
Please read the question, it cannot be the case of September, 2012, it must be september, 2011 or earlier date and for that year as the increased capital will be shown to the BS, the appointment of CS will suffice the purpose.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 03 September 2012
My Pleasure Neha ji... Thankyou...
CAclubindia
