Companies
(Appointment and Qualifications of Secretary) Amendment Rules, 2009
The
amendment seeks to enhance the paid-up capital requirements for companies
compulsorily required to appoint a whole time secretary to “five crore
rupees”.
Under
the amended rules a company having a paid up share capital of two crore rupees
or more but less than five crore rupees may appoint any individual who is a
member of the Institute of Company Secretaries of India as a whole-time
secretary to perform the duties of a secretary under the Companies Act, 1956.
Further,
where a company has appointed a whole-time company secretary, possessing the
qualification of membership of the Institute of Company Secretaries of India,
such a company is not required to obtain a certificate from a secretary in
whole-time practice under rule 3 of the Companies (Compliance Certificate)
Rules, 2001.
The
said amendment shall come into force from 15th March, 2009.
A
copy of the notification may be downloaded at the link:
http://www.mca.gov.in/MinistryWebsite/dca/notification/pdf/GSR11(E)_20jan2009.pdf