Appointment of a Company Secretary

[Aanchal Chopra]

Dear Members

Company's Paid up Capital is now 35 Cr. Since the Company is now required to appoint a full time Company Secretary, please suggest within what time limit  CS must be appointed in the Company from the Date the Company qualifies the Criteria.

Regards

CS Aanchal Chopra

[N. MR]

you are right in your assumption.

Regards

NMR

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[Rajesh]

I think within 6 months from the triggering point.

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[Pankaj Khandelwal]

Hi,

As per the provisions of the Act, the appointment should be made mandatorily after qualifying the criteria. As your company is falling within the criteria, it should fill the vacancy as soon as possible.

Moreover, section 203(4) provides for the appointment after the resulting vacancy within a period of six months.

The authorities are passing orders for non-appointment; you may refr some of the recent orders as given in the links below for better understanding:

https://www.mca.gov.in/bin/dms/getdocument?mds=tAzk%252BcKXrWK3cyh4iXi2IA%253D%253D&type=open

https://www.mca.gov.in/bin/dms/getdocument?mds=epgZAeGuaNX5CTKSaNERrw%253D%253D&type=open

https://www.mca.gov.in/bin/dms/getdocument?mds=u%252F4%252BCiNngFsQ3ut5sGQa3w%253D%253D&type=open

Pankaj K

www.PankajKhandelwal.in

Open for new opportunities 

 

[Aanchal Chopra]

Thank you sir for detailed explanation

Regards

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