Requirement to appoint whole-time secretary imposes qualification, filing duties and daily penalties for non-compliance. Section 383A requires companies meeting the prescribed paid-up capital threshold to have a whole-time secretary and bars a secretary role where the board comprises only two directors. Companies not required to employ a whole-time secretary but meeting a secondary threshold must file a compliance certificate from a whole-time practicing secretary attached to the board's report. Non-compliance attracts a daily monetary penalty on the company and officers in default, subject to a defence of reasonable efforts to comply or financial incapacity. Transitional provisions require certain firms or individuals acting as secretaries to vacate or elect appointments within prescribed periods.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Requirement to appoint whole-time secretary imposes qualification, filing duties and daily penalties for non-compliance.
Section 383A requires companies meeting the prescribed paid-up capital threshold to have a whole-time secretary and bars a secretary role where the board comprises only two directors. Companies not required to employ a whole-time secretary but meeting a secondary threshold must file a compliance certificate from a whole-time practicing secretary attached to the board's report. Non-compliance attracts a daily monetary penalty on the company and officers in default, subject to a defence of reasonable efforts to comply or financial incapacity. Transitional provisions require certain firms or individuals acting as secretaries to vacate or elect appointments within prescribed periods.
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