Ministry of Corporate Affairs has made it compulsory vide notification No. G.S.R. 390(E) dated 09.06.2014 for 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. Extract of Rule- 8 is as follows :-
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.
Related Notification is as follows :-
MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 9th June, 2014
G.S.R. 390(E).—In exercise of the powers conferred by sub-section (1) of Section 203 of the Companies Act, 2013 (18 of 2013) read with clause (51) of Section 2 and Section 469 of the said Act, the Central Government hereby makes the following rules to amend the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, namely:—
1. (1) These rules may be called the Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2014.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 after rule 8, the following rule shall be inserted, namely:—
“8A. Appointment of Company Secretaries in companies not covered under rule 8.—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.”
[F. No. 1/11/2013-CL-V]
AMARDEEP SINGH BHATIA, Jt. Secy.
Note : The principal rules were published in the Gazette of India vide notification number G.S.R. 249(E), dated the 31st March, 2014.
Can a company outsourse a Company Secretary? Whatever is the answer could you please reply with the mention of the mandate affirming it?
Sir, I Want pan no of andhra pradesh cm relief fund
What about public companies having paid up capital upto 10crore or more.
Now what remains the relevance of the point that Public company having paid up capital more than 10 cr.
Because Company having paid up capital more than 5 cr. is wide enough to cover above point as well. Because Company include private company and public company both.
Please clarify me on same.