Narrate the procedure for the appointment of Secretarial Auditor of Little Ltd having a paid-up share capital of ₹60 Crore.
CS Professional · Advanced Company Law and Practice · PYQS · December 2018
Narrate the procedure for the appointment of Secretarial Auditor of Little Ltd having a paid-up share capital of ₹60 Crore.
Answer & Explanation:
The following procedure shall be adopted by Little Ltd for the appointment of a Secretarial Auditor for the Company: Ensure that the individual to be appointed satisfies the definition of company secretary in practice under Section 2(25) of the Companies Act, 2013 viz., he is a member of the Institute of Company Secretaries of India and is not in full time employment anywhere. Further ensure that he has a certificate of practice from the Institute of Company Secretaries of India and the certificate is valid. Convene a board meeting of the Company by giving notice to all the directors of the company and in accordance with Section 173 of the Companies Act, 2013. It may be noted that the appointment of secretarial auditor shall not be done by way of a circular resolution. Consider the proposal to appoint company secretary in practice as Secretarial Auditor and pass a resolution in the meeting confirming the appointment. The resolution should indicate the remuneration to be paid to such individual as Secretarial Auditor or authorize the Managing Director or any other director to fix the remuneration. File e-form MGT-14 for board resolution passed for appointment of secretarial auditor within 30 days of the appointment.
Topics: Secretarial Audit
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