2004 (1) TMI 380

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..... petition seeks to challenge the General Circular No. 35/2003, dated 11-12-2003 issued by respondent No. 1 in terms of which a clarification was issued that a company which is not required under law to employ a whole-time secretary but nevertheless employed a whole-time secretary, such a company is not required to obtain compli- ance certificate, from the company secretary in practice. The effect o .....

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..... ole-time company secretary is mandatory while those who are having paid up capital of more than Rs. 10 lakhs but less than Rs. 2 crores the employment of a whole-time company secretary is optional. In such cases when a whole-time company secretary is employed the insistence on issuance of a compliance certificate only by a company secretary who is in practice is a surplusage and serves no purpose. .....

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