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Which companies are required to appoint a company secretary?

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Anju asked over 3 years ago

Which companies are required to appoint a company secretary and what is its specefic work there?

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6 Answers
 20180702 145746 Vaibhav answered 2 months ago

Hello Anju,

As Per Company Secretaries Act, 1980:

“Company Secretary” means a person who is a member of the Institute of Company Secretaries of India.

The requirement to appoint a Company Secretary in Private Limited Company is governed by the Provision of Rule 8A and in Public / Listed Company by the provisions of Rule 8 of The Companies

“Appointment and Remuneration of Managerial Personnel” Chapter XIII under Section 203 of the Companies Act, 2013.

Following Companies need to appoint whole time company secretary (mandatory):

1. All Listed Companies (Rule 8 Companies Appointment & Remuneration of Managerial Personnel Rules, 2014)
2. Every Public Company having paid-up share capital of Rs. 10 Cr. or More (Rule 8)
3. Every other Company having paid-up share capital of Rs. 5 Cr. or More (Rule 8A)

 

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 acharya answered almost 3 years ago

Section 203 of Companies Act 2013 read with Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, necessitated that every listed company and every other public company having paid-up share capital of Rs 10 crores or more to appoint the Company Secretary in whole-time employment. All Private companies and such public companies having Paid-up share capital lower than Rs 10 crores were not required to appoint a Company Secretary.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 Sneha Chaturvedi answered about 3 years ago

Refer Section 203 read with Rule 8 and Rule 8A of Companies (Appointment and Remuneration) Rules, 2014 which provides for appointment of Company Secretary in Listed company, Public Company having paid-up share capital of Rs. 10 crore or more and A Company other than specified above (which includes Private Limited Company) having paid-up share capital of Rs. 5 crore or more (Refer Notification of June 9, 2014) Thanks.

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Picsjoin 2017224123730582 Archana answered over 3 years ago

Hie Anju, Section 203 of Companies Act 2013 read with Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, necessitated that every listed company and every other public company having paid-up share capital of Rs 10 crores or more to appoint the Company Secretary in whole-time employment. All Private companies and such public companies having Paid-up share capital lower than Rs 10 crores were not required to appoint a Company Secretary. CS are companies secretary and therefore their work is related to handle companies meetings work, to make agenda, minutes of meeting etc. Every work of secretary is the work of CS.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 lochan answered over 3 years ago

COMPANIES REQUIRED TO APPOINT CS As per provisions of SEC 383A every company having paid up capital of more than 5 crores is mandatorily required to appoint whole time CS

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 karishma answered over 3 years ago

Hi, Section 203 of Companies Act 2013 read with Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, necessitated that every listed company and every other public company having paid-up share capital of Rs 10 crores or more to appoint the Company Secretary in whole-time employment. All Private companies and such public companies having Paid-up share capital lower than Rs 10 crores were not required to appoint a Company Secretary. Such provision was very much in debate as it limited the role of Company Secretary in companies having paid up share capital of less than Rs. 10 crores. Therefore after much deliberation and representation MCA (Ministry of Corporate Affairs) vide the Notification No. G.S.R. 390(E) on 9th June 2014 in Official Gazette amended the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 regarding appointment of Company Secretary. As per the aforesaid notification now, companies having paidup capital of Rs 5 crores or more has to mandatorily have a Company Secretary in whole time employment. Hope this helps you Thank You

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