ABC Private Ltd. a company incorporated with a paid-up capital of ₹ 8 crore wants to appoint a full-time Company Secretary. The company seeks your advice as its PCS regarding the nomenclature of designation, to be fixed

Rule 8 of the Companies (Appointment and Remuneration) Rules, 2014, which stipulates for appointment of Key Managerial Personnel covers the following companies- every listed company every other public company having a paid-up share capital of ten crores rupees As per Rule 8A, every private company which has a paid up share capital of ten crore rupees or more shall have a whole -time company secretary. Under Regulation 6 of the SEBI (LODR) Regulations, 2015, a listed company is required to appoint a qualified company secretary as the compliance officer. A Whole-time-Company Secretary is a Key Managerial Personnel for the purposes of Section 203 of the Companies Act, 2013 read with its Rules. As ABC Pvt Ltd. is not covered under Rule 8A of the Companies (Appointment and Remuneration) Rules, 2014, therefore it is not mandatory for the company to appoint a whole time company secretary. But it also does not prohibit the voluntary appointment of whole time Company Secretary. Therefore, ABC Pvt. Ltd. Can voluntarily appoint whole time company secretary and designate him as Whole-time Company Secretary/Corporate Secretary/Compliance officer/ Key Managerial Person/Key Management Person.