Hi All,
Can anyone please tell me what is the limit on the number of companies in which a person can act as a Company Secretary ?
(Please answer with reference to Section number if possible)
6 Replies
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 31 March 2009
Only One.
A CS can act as a Company Secretary in one company at a time. Further Form-32 reqd. to be filed with ROC. Regards
Devendra
(Qualified Audit Assistant)
(521 Points)
Replied 31 March 2009
Can you please give reference to the section or rule number in which it is stated ?
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 31 March 2009
I think it is not specifically mention in any section or CS rules but there are many interpretations which support my answer.
1. You can not file II form-32 when first form-32 of appointment is in force.
2. A CS is a whole time employee and while working with one Company he can not accept employment in other company. For whole time employment theory you may also check section 2(45A) of companies act, 1956.
K.S.V.N.S.KAMESWARA RAO
(Company Secretary in Practice)
(34 Points)
Replied 02 April 2009
hi
Once u appointed as CS on whole time basis then u should not take any other job as CS in any co.....u r not a managerial person to accept more than one job like MD.....u r full time employee of the Company....this is so ev if u not file form 32 for the same job (ethically not ok but u can take up job as CS in other co so long as u not file form 32....what if the institute know this then u might be loss u r membership). Sec 383A of the companies Act and Sec 2(45)of CS Act.....
it is not the act u look for on going thorugh those sections the above viw is clear....hope u r query is cleared
HARDIK
(COMPANY SECRETARY NCFM (Corporate Governance ))
(664 Points)
Replied 08 April 2009
Hi
CS can act in only one company since he is in wholetime employment and requiered to file form 32. He can not take employment elsewhere.
Reena
(Company Secretary in Practise)
(36 Points)
Replied 09 April 2009
A CS can be a CS for only One Co.
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