XYZ Ltd. is having paid up share capital of ₹10.00 crore as on 31st March, 2019. Whether the company is required to appoint a Company Secretary in the Company ? What would be your answer if the said XYZ is a Private Limi

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2019
XYZ Ltd. is having paid up share capital of ₹10.00 crore as on 31st March, 2019. Whether the company is required to appoint a Company Secretary in the Company ? What would be your answer if the said XYZ is a Private Limited Company ? Explain the relevant provisions regarding the appointment of a Company Secretary in employment by the Company.

Answer & Explanation:

According to Section 203 of the Companies Act, 2013 & Rule 8 of the Companies (Appointment and Remuneration) Rules, 2014, Every listed company and every other public company having paid up share capital of rupees ten crores or more is required to appoint a whole time Company Secretary, Managing Director and CFO. Further rules 8A of the Companies (Appointment and Remuneration) Rules, 2014 provides that a company other than a company covered under rule 8 which has a paid up share capital of five crore rupees or more shall have a whole-time company secretary. Hence, XYZ Ltd as a Public Company is required to appoint Whole Time Company Secretary. Further on 31st March, 2019 if XYZ is a Private Limited Company then it has to appoint Whole time Company Secretary if paid up capital of the Company is ₹ 5 Crore or above as per Rule 8A of the Companies (Appointment and Remuneration) Rules, 2014.

Topics: Compliance Management

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