New Delhi, Feb 13: The Union government has issued Companies (Compliance Cerficate) Rules 2001 thereby making it mandatory for companies with a paid-up share capital of Rs 10 lakh or more, and which are not required to employ a whole-time secretary, to obtain a certificate from a practicing secretary.The Department of Company Affairs has issued a notification under section (1) of section 642 read with proviso to sub-section (1) of section 383A of the Companies Act and will come into force with immediate effect.
The companies which fall under this category have been asked to file with the registrar a certificate within 30 days from the date on which its Annual General Meeting (AGM) was held.
In case the annual general meeting has not been held, such a certificate shall be filed with the registrar within 30 days from the latest day on or before the date at which the meeting should have been held in accordance with the provisions of the Companies Act.
Every secretary in whole-time practice for the purpose of the issue of the certificate referred to in sub-rule (2) shall have the right to access at all times the registers, books, papers, documents and records of the company as he may think necessary for the purpose of such certificate. Every certificate referred to in sub-rule (2) shall be laid by the company in its AGM.
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