Can a CS be apppointed as WTD/MD of other Company, in which he is not a CS

[kumar basant]

Hi

Can a CS be apppointed as WTD/MD of other Company, in which he is not a CS
--
Regards,

CS Kumar Basant Bhagirathi

[ankit misra]

Dear Basant,

Yes, a CS can be appointed as WTD/MD of other Company, since it is not provided in the disqualification of directors that he is cs in any Co.

regards,

Ankit

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[sudhir kumar]

Dear Basant,

 

As per ICSI regulations a qualified CS whether in employment or in Practise can be appointed as a Non Executive director only.Not otherwise.

 

  Regards

  CSSudhir kumar

  Company Secretary

  Aster Infratek Private Limited

[Amit kumar]

provide full information about the person..
whether he is practicing as CS?
Whether He is employed as Whole time company secretary?
Whether He is employed in any other department?

otherwise...i agree to Mr Sudhir...

[neha rai]

MD/WTD are the persons who are in whole time employement of the co. and devote their whole time in managing  co. affairs in which they are appointed as MD/WTD and so if a person is continuing as a CS in some other co. then how he can be appointed as whole time Director or MD in some other co.

 

However, he can be appointed as a PTD in some other co.

On Wed, Feb 23, 2011 at 5:24 PM, Vivek Aggarwal <vivek_...@yahoo.co.in> wrote:

Dear Basant

Yes, he can be as there is no bar on it.

 

Regards
CS Vivek Aggarwal

---

From: kumar basant <kumarba...@gmail.com>
To: csmysore <csmy...@googlegroups.com>
Sent: Wednesday, 23 February 2011 2:02 PM
Subject: [CSMysore] Can a CS be apppointed as WTD/MD of other Company, in which he is not a CS

Hi

Can a CS be apppointed as WTD/MD of other Company, in which he is not a CS
--
Regards,

CS Kumar Basant Bhagirathi




--
Find eNewsletters of ICSI Mysore at: http://www.icsi.edu/NewsEvents/enewsletters/tabid/1757/Default.aspx AND www.esnips.com/web/icsimysore
 
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[Vivek Aggarwal]

[sudhir kumar]

Dear Basant

 

Please refer Reg.168 of Company Secretaries Regulations issued by ICSI.

 

In the said regulation expressive authorization is granted to cs in practise to act as an Non -Executive director.

 

It is silent about employee company secretary.

 

  Regards

 

 CS Sudhir Kumar

 Company Secretary

 Aster Infratek private Limited

[Kiran Gowda]

Dear Members,

CS Can make to post of Managing Director there is no regulation for
not appointing, only he should not work as a Company Secretary in any
other Company.

Regards,
Kiran Gowda

On 2/24/11, sudhir kumar <sudhirk...@gmail.com> wrote:
> Dear Basant
>
> Please refer Reg.168 of Company Secretaries Regulations issued by ICSI.
>
> In the said regulation expressive authorization is granted to cs in practise
> to act as an Non -Executive director.
>
> It is silent about employee company secretary.
>
> Regards
>
> CS Sudhir Kumar
> Company Secretary
> Aster Infratek private Limited
>
>
>
> On Wed, Feb 23, 2011 at 6:07 PM, neha rai <csne...@gmail.com> wrote:
>

>> *MD/WTD are the persons who are in whole time employement of the co. and

>> devote their whole time in managing co. affairs in which they are
>> appointed
>> as MD/WTD and so if a person is continuing as a CS in some other co. then

>> how he can be appointed as whole time Director or MD in some other co.*
>> **
>> *However, he can be appointed as a PTD in some other co.
>>
>> *

>> On Wed, Feb 23, 2011 at 5:24 PM, Vivek Aggarwal <
>> vivek_...@yahoo.co.in> wrote:
>>
>>> Dear Basant
>>>
>>> Yes, he can be as there is no bar on it.
>>>
>>> Regards
>>> CS Vivek Aggarwal

>>> ------------------------------
>>> *From:* kumar basant <kumarba...@gmail.com>
>>> *To:* csmysore <csmy...@googlegroups.com>
>>> *Sent:* Wednesday, 23 February 2011 2:02 PM
>>> *Subject:* [CSMysore] Can a CS be apppointed as WTD/MD of other Company,

[neha rai]

dats what i am also trying to say that if he wants to continue as MD then he can't opt for continue as a cs in whole time employment in any other co.

[sudhir kumar]

Dear kiran

 

When a member of ICSI  havent filed or if filed earlier and revoked from 32 why will any act in the country restrict him/her to act as Executive director, except  subject to restrictions of sec.274 and sch XIII of Companies Act,1956.

 

Regards

CSSudhir kumar

Company Secretary

[kumar basant]

Dear Friends

Thanks for your replies, I have opinion that though the Act is silent for a CS in whole time employment, being appointed as Director/WTD/MD in same or other Company. 

Though I dont find any problem in being appointed as Director in the same Company or other Company, subject to provision of 383A, but logically, how could a CS in whole time employment would be holding a position as WTD/MD, as both positions are for whole time employment and an executive position.

Would like to have some concrete opinion based on Act/rules/regulations or Case Laws.

Regards

Kumar Basant Bhagirathi

[nittin garg]

No, A whole time company Secretary can be appointed as the part time director in any other company. A whole time can never accept the appointment of WTD / MD in any other company. Strictly Prohibited. --- On Wed, 2/23/11, ankit misra <ankit...@gmail.com> wrote:

[kumar basant]

What is the basis of saying strictly prohibited.