Compliance Certificate - Sec 25 Companies.

[Pawan Vani & Associates]

Dear Professional Colleague,

Whether Compliance Certificate under Sec 383A of the Companies Act need to be filed for Section 25 Companies.

Plz advice.

K Karmakar.

 
Pawan Vani & Associates,
Asha Chambers,
Suite No - 23, 1st Floor,
6B, Bentick Street, Kolkata - 700001.
Landline : 033 3329 0188. 

Cell : 98311 04188.

[Krishna Moorthy K]

As far as I know, the provisions of Section 383A is applicable to every company, whether it is a public company, or private company or Section 25 company.   Hence, compliance certificate is required to be filed if such company comes within the purview of the proviso to Section 383A of the Companies Act, 1956.

 

With warm regards,

 

CS. K. Krishnamoorthy

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[vinod goyal]

dear querist section 383A IS FOR APPOINTMENT OF CO.SECRETARY WHO IS QUALIFIED .THIS LIMIT OF PAIDUP CAPITAL IS NOW A DAYS ENHANCED TO RS.5 CRORE to attract the provisions.
i fail to understand the rationale of your query when sec.25 co. are co. limited by guarantee and hence not having any share capital.
thus it is automatically out of the perview of the section 383 A and any formality attached thereto does not arise.

 

Vinod Kumar Goyal,F.C.A.P.G.D in A.D.R.
Senior Partner V.Goyal & Associates
Chairman:A.N.M.I.,e.i.r.c.
Chairman:D.P.A.I.,e.i.r.c.

Chairman:H.P.L.A.

[Kalidas Ramaswami]

It is incorrect to assume that every Section 25 Company would be one which is limited by guarantee.A Section 25 Company can have a paid up share capital and if the capital exceeds the threshold of Rs 5 Crore Section 383A will apply and appointment of a company Secretary will be necessary.the classic example of a Section 25 Company with a share capital is the Calcutta Stock Exchange.please note that the Central govt vide its orders  issued from time to time has exempted Section 25 Companies from the operation either in full or in part certain provsions in the Companies Act,1956.No exemption has been issued  to such a company as regards the requirement of a company Secretary u/s 383A.
I am therefore in agreement with Mr.Krishnamoorthy 's views on the above. 
regards
kalidas 
 

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Date: Tue, 22 Oct 2013 15:29:27 +0800
From: vkg_a...@yahoo.com
Subject: Re: [CA RUNGTA PD] Compliance Certificate - Sec 25 Companies.
To: foru...@googlegroups.com