What are the provision of law and procedure for appointment of acompan...
PROCEDURE OF APPOINTMENT:-...1) compulsary appointment :- jin companies ki paid up share capital 5 crore ya usse zada hoti h to unme whole time secretary ki need hoti h . or agr kisi company me board of directors k under bs do hi directors h toh unme se koi b secretary nahi bn skta ....2) resolution of appointment:- jaha secretary company k promoters ya articles k provisions k through appoint kiya jata h . isme directors ko appointment cnfrm krni hoti h incorporation k bd board ki frst meeting me . resolution k undr secretary k appointment ki terms , operations or kya remuneration use diya jayega sb kuch mention hoga ...3) Disclosure of interest :- agar secretary ki appointment me kisi director ka personal interest h to wo use disclose krna hoga or wo director fr secretary ki appointment k liye na to vote kr skta h or na hi kisi or activity me part le skta b uske liye...4) Entry in the register :- secretary ki appointment hone k bd jitni b imp details h appointment k bare me wo registered me mention krni hongi...5) Information to the registrar:- appointment k bd company iski info registrar ko degi 30 days k undr . toh iske liye company form 32 fill up kregi jisme appointment ki details hongi or fr use registrar ko deliver krdegi ...
What are the provision of law and procedure for appointment of acompan...
Provision of Law and Procedure for Appointment of a Company Secretary:
Legal Provisions:
- Section 203 of the Companies Act, 2013 mandates every listed company and certain other class of companies to appoint a whole-time company secretary.
- The company secretary must be a member of the Institute of Company Secretaries of India (ICSI).
Procedure for Appointment:
- The Board of Directors of the company must pass a resolution for the appointment of a company secretary.
- The company must then file Form MR-1 with the Registrar of Companies within 60 days of such appointment.
- The company secretary must provide a declaration of his/her eligibility for the position in Form DIR-12.
- The appointment should be communicated to the stock exchanges where the company is listed.
- The company secretary should ensure compliance with all relevant laws and regulations, maintain statutory registers, and advise the board on corporate governance issues.
Key Points:
- The appointment of a company secretary is crucial for ensuring compliance with legal and regulatory requirements.
- The company secretary plays a key role in corporate governance and must possess the necessary qualifications and experience.
- The appointment process should be carried out in accordance with the provisions of the Companies Act, 2013 and other applicable laws.