companies company section appointed under required
Hi Sachin
Under the provisions of Section 203 of the Companies Act 2013, Every Company is required to appoint a company secretary having a paidup share capital of 10Cr is required to appoint a company secretary
Enclosed below is the extract of provision of Section 203. Kindly refer
(1) Every company belonging to such class or classes of companies as may be prescribed shall have the following whole-time key managerial personnel,—
(i) managing director, or Chief Executive Officer or manager and in their absence, a whole-time director;
(ii) company secretary; and
(iii) Chief Financial Officer :
Provided that an individual shall not be appointed or reappointed as the chairperson of the company, in pursuance of the articles of the company, as well as the managing director or Chief Executive Officer of the company at the same time after the date of commencement of this Act unless,—
(a) the articles of such a company provide otherwise; or
(b) the company does not carry multiple businesses:
Provided further that nothing contained in the first proviso shall apply to such class of companies engaged in multiple businesses and which has appointed one or more Chief Executive Officers for each such business as may be notified by the Central Government.
Dear Sachin,
In addition to above comment of Arun, I would like to add Rule 8 and Rule8A of Companies( appointment and remuneration of managerial personnal) rules 2014, i.e
8. Appointment of Key Managerial Personnel.–
Every listed company and every other public company having a paid-up share capital of ten crore rupees or more shall have whole-time key managerial personnel.
8A. Appointment of Company Secretaries in companies not covered under rule 8.—
Every private company which has a paid up share capital of ten crore rupees or more shall have a whole -time company secretary.
conclusion:
every public company PSC 10cr or more
every pvt company PSC 5 cr or more
is mandatorily required to appoint whole time CS.
thank you
Dear Folks,
Please go through the MCA Notification or Exemption given in the year 2015 for section-8 Company.
As per exemption notification dated 05th June, 2015, the definition of Company Secretary in section 2(24) of the Companies Act, 2013 is not applicable on Section 8 Companies.
Therefore No any CS required mandatorily to be appointed in Section-8 (NGO)
Hello,
Fla return query. In case direct investment by Indian co, then we fill foreign asset schedule. What if that foreign subsidiary is under liquidation and prepared financial till 30.9.21. Whether to show in foreign asset schedule as RBI permission is not raced for amount of investment to b write off in Indian co books
Dear All,
Kindly Give Suggestion for Same
Can an Advocate create Pvt. Ltd. Company, LLP, NGO in MCA . ( is his DSC valid for certify like AOA , MOA ). I mean an advocate is eligible to create company , LLP in MCA without requirement of CA,CS, CMA
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In DPT-3 we have audited figures of last year so what date shld we put in last closing of accounts and net worth details should be of which year current unaudited or last year's audited
And figures for loans and all shld be audited or unaudited
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1. Is there any FEMA compliance for transfer of any amount by Indian Company to its South Africa Branch for business purpose (e.g Payment of salary by branch to South African Employee or any payment to local consultant)
2. Is there any FEMA compliance for transfer of any amount by South Africa Branch to its Indian Company (Head Office).
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share transfer compliance fema
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Hello,
Is CS required to be appointed under Section 8 Company as per Companies Act 2013 ?
Dear All,
Section 8 Company can make an application for strike off of a name of a Company with ROC in form STK-2 ?
Dear Professionals,
Following objection raised by the CRC for the Producer certificate or Khasra/ Khatauni is in regional language than It should be in translated in English & certified by the professional
Pl make the following compliances as it is final opportunity :- 1. The address mentioned in the utility bill is incomplete viz. not having vital details like House no./Flat no./Plot no./Road/Khasra/Khatauni etc. Provide precise location details to enable service of documents at the mentioned address. Attach another documentary proof with complete address along with NOC. In case of rural areas not having exact / precise location in the utility bill, start with C/o (owner of the premises) in the registered office address details. 2.Producer certificate of all subscribers certified by tehsildar/ agriculture officer/ patwari/ SDM/district administrator on their letterhead with Clear Office Name & Address, Tel. No., Email-ID and Signing officer's Name, Designation, Contact No., stamp etc. and/or Khasra/ Khatauni should also be attached. if Producer certificate or Khasra/ Khatauni is in regional language than It should be in translated in English & certified by the professional. Please highlight the names of subscribers in khasra / khatoni if attached.
What should I do?
translated should english certified professional than language certificate khasra khatauni 
Dear Sir
As per Rule 8 & 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules 2014:
Every Company having a paid up share capital of ten crore rupees or more shall have a whole -time company secretary.
Specifically no exemption has been granted to Section 8 Companies to comply the Rule 8 & 8A of the Companies Act 2013.
Therefore Section 8 Companies are required to appoint whole time Company Secretary.