Total Pageviews

Wednesday 31 October 2012

COMPANY SECRETARY: APPOINTMENT, RESIGNATION, PROCEDURE TO BE FOLLOWED IF MANAGEMENT DOES NOT FILE FORM 32 AFTER RESIGNATION





APPOINTMENT OF COMPANY SECRETARY IN WHOLE TIME EMPLOYMENT:

As per section 383A every Company having a paid-up capital of Rs. 5 Crore or more need to appoint a Company Secretary in Whole Time Employment. If the Company fails to do so every officer in default shall be punishable with fine upto Rs. 5000 for each day of default.

For appointment of Company Secretary it is the general practice to appointment him by passing a board resolution and within 30 days of appointment Form 32 need to be filed with the respective ROC.

Board Resolution for Appointment of Company Secretary:

"RESOLVED THAT pursuant to the provision  of Section 383A and other applicable provision ( including any modification or re-enactment thereof ), if any, of the Companies Act, 1956 the consent of the  Board be and is hereby accorded to appoint Mr. A holding the prescribed qualification under Section 2(45) of the Companies Act, 1956 read with Rule 2(1) of the Companies ( Appointment and Qualification of Secretary ) Rules, 1988 (as amended from time to time) as Whole time Secretary of the Company with effect from ------, to perform the duties which may be performed by a secretary under the Companies Act, 1956 and any other duties assigned to him by the Board from time to time.


RESOLVED FURTHER THAT Mr. B, Director be and is hereby authorized to do all the act, deeds and things which are necessary for the aforesaid appointment and to send the necessary intimation in prescribed form to Registrar of Companies, NCT of Delhi & Haryana.”


RESIGNATION OF COMPANY SECRETARY:

The person appointed as Whole time Secretary (Company Secretary in Whole Time Employment) may resign from the post by sending his resignation to the board and complying with the notice period if any mentioned in the appointment letter or employment contract. After accepting the resignation board authorises one of the directors to file e-from 32 to the respective ROC for intimation of resignation to the ROC.


Format of Resignation Letter:

To,
The Board of Directors
Abc Ltd
(Registered Address of the Company)

Dear Sir(s)

Subject: Resignation from the post of Company Secretary

I undersigned is submitting my resignation from the post of Company Secretary of Abc Ltd. With effect from (mention effective date). Consider this as my communication for resignation and notice period as per my employment contract.

Please acknowledge the receipt of this and arrange for the formalities of authorisation and filings with ROC in this regard.

Thanks


Name


PROCEDURE MAY BE FOLLOWED IF FORM 32 NOT FILED BY THE MANAGEMENT AFTER RESIGNATION:

It is the responsibility of the management means the directors of the Company to file form 32 with the ROC after resignation of Company Secretary, but if the management fails to do so, The Company Secretary may communicate the same to the respective roc with the copy of his resignation and acknowledgement of its receipt given by management (if any) along with the copy of employment agreement or appointment letter. ROC will take the action at its own.

The information given in this blog is the personal understanding of the writer and shall not be used as a conclusive material the content stated/mentioned here is subject to changes by respective government/authorities in the applicable laws. Writer shall not be liable for any direct or indirect damages caused to any person acting solely on/based upon the information provided herein.

1 comment:

  1. I' m Jakuba Lucas  by name and I live in the Makati Philippines, Am so much filled with happiness and Joy,I would like to talk about the goodness of God in my life, after so many months of trying to get a loan on the internet, so I became desperate in getting a loan from a legit lender online then I see comment from a friend called bobby Leo and talked about this legit loan officer , where he got his loan quick and easy with no stress, so he introduced me to a man named Mr.Pedro who work as a loan officer, so I asked for a loan sum ($ 89,000.00 USD) with a low interest rate of 2%, so the loan was approved and was deposited into my bank account that was how I was able to get a loan to start up my business running and pay off my bills, so I advise each of you who are interested in getting a loan quick and easy or sblc, please contact them via    Email:    pedroloanss@gmail.com get any kind of loan you need today, thank you, as you read the greatest testimony of my life.

    ReplyDelete