Appointment of CS in pvt co.

[sachin kumar]

Dears

Please let me know which forms are required to file in case of appointment of CS in a private limited company....

[BalaJi Srivastava]

DIR 12 and MR 1

Thanks and Regards,

Balaji Srivastava
Mobile: +91 (0)987-316-9769
Email:bbala...@gmail.com

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On Mon, Jun 30, 2014 at 11:58 AM, sachin kumar <cssach...@gmail.com> wrote:

Dears

Please let me know which forms are required to file in case of appointment of CS in a private limited company....

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[sachin kumar]

Dear balaji

Cs will appoint only under section 203 or any other section also attract the appointment in case of private company...

[BalaJi Srivastava]

Rule 8a in accordance with Sec 203 

Thanks and Regards,

Balaji Srivastava
Mobile: +91 (0)987-316-9769
Email:bbala...@gmail.com

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[CS Alpesh Dhandhlya]

Dear Balaji Sir

MCA has indirectly exempted from the appointment of CS in the all Private Limited Companies wide the Draft Notification dated 24.06.2014.

Please refer the last point thereof which exempt the all Private limited Companies from the compliance of Section 203 irrespective of the capital of the Company.

Hence, once again we may be in the same situation in which we were earlier.

[BalaJi Srivastava]

Many thanks for the confirmation. Then Let the Draft be gazetted first. And this partial modification is with regard to Sec 203(3) and not the Entire Section 203.

Hope this suffice. Many thanks

Thanks and Regards,

Balaji Srivastava
Mobile: +91 (0)987-316-9769
Email:bbala...@gmail.com

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[Ajay Saharan]

I agree with Mr. balaji , draft is related to only 203 (3), only.

[CS Alpesh Dhandhlya]

Agree with Respected Balaji Sir...

So the tentative effect of this exemption of Section 203 (3) would implies that, a CS may hold position in more than 1 Company i.e. can also hold position as a CS in 5 to 7 private companies at a time !!! 

[Naresh Kumar]

But 203(3) talks about KMP and KMP is not applicable for private companies ?

so what is the interpretation now ?

--Thanks & Regards--

NARESH KUMAR

ACS, LL.B., PGDIPR

MOBILE- 9910683177

 

 

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[ayan chakrobarty]

YES ABSOLUTELY

REGARDS

AYAN CHAKROBARTY

Ayan Chakrobarty

[ayan chakrobarty]

Dear Mr.Dhandiya,

it is only related to section 203(3) , which if implemented will imply that a Company Secretary can hold office in more than one company at a time , but nowhere it is mentioned or is linked with the fact that a Company Secretary is not required in a private limited company .

yes , if the draft gets implemented then some of the company secretaries may hold office in more than one companies and may be at a considerable low competitive cost , thus drastically again hampering the job market of the CS professionals again. But it is yet to be gazetted .

other views are solicited.

regards

ayan chakrobarty

09432310044

Ayan Chakrobarty

[CS Alpesh Dhandhlya]

[CS Alpesh Dhandhlya]

Dear Chakrobarty Sir,

Sorry to draw your attention but I am Mr. Dhandhlya, not Mr. Dhandiya

[kapil dudeja]

Dear Members,

Please advise on the following:-

A private limited company Incorporated in 2011 having paid up share capital of Rs. 27 cr. didn't appointed any company secretary ever. Now is it possible for them to appoint a company secretary as their KMP ? and if yes, then from when they should appoint? 

Please guide.

-Thanks

[Naveen Kumar]

Appoint the CS from the date when paid up capital is increase Rs. 5 Crores or more and in india there are so many companies having paid up capital of Rs.  5 Crore or more still not appointed any CS nor ROC issue any Notice in this regard.

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Thanks & Regards

Naveen Kumar

[kapil dudeja]

Thans naveen sir. If we appoint cs from the date of increasing share capital i.e 2012 then how we will justify that there was reference of this in board report in all these years, also we also need to find some cs having membership of 2012 doing job no where. Please guide on these perspects also 

-Much Thanks