Dear All
It is really great to back at CiteHR Platform. I was out from last 7 months as was engaged in some project.
Dear Seniors I want to ask a query that we have recently hired a CS in our company and given him appointment letter on the designation of Asst. Company Secretary.
Now the first query is, can he do signature as Asst CS on legal papers during his probation period. As he is saying that he can not sign any paper till he is in probation.
My second query is that if we have given him designation of Asst. Company Secretary, is it mandatory to give him designation of Company Secretary in a year or two.
Awaiting for your response.
Cheers
From Nigeria, Lagos
It is really great to back at CiteHR Platform. I was out from last 7 months as was engaged in some project.
Dear Seniors I want to ask a query that we have recently hired a CS in our company and given him appointment letter on the designation of Asst. Company Secretary.
Now the first query is, can he do signature as Asst CS on legal papers during his probation period. As he is saying that he can not sign any paper till he is in probation.
My second query is that if we have given him designation of Asst. Company Secretary, is it mandatory to give him designation of Company Secretary in a year or two.
Awaiting for your response.
Cheers
From Nigeria, Lagos
As long as he is in the Company roll, he can sign in any papers irrepective of he is in probation or regular service. Regarding promotion, it is based on your company policies and the performance of the individual.
From India, Lucknow
From India, Lucknow
Dear Sir,
If your Company is having a paid up capital of Rs. 5 crore or more and is therefore compulsarily required to have a Company Secretary, you should offer him a designation of "Company Secretary" in place of "Asst. Company Secretary" as otherwise it may tantamount to non-compliance of the Companies Act, 1956.
This is for your kind consideration, please.
Thanks,
Kind Regards,
Avika
From India, New Delhi
If your Company is having a paid up capital of Rs. 5 crore or more and is therefore compulsarily required to have a Company Secretary, you should offer him a designation of "Company Secretary" in place of "Asst. Company Secretary" as otherwise it may tantamount to non-compliance of the Companies Act, 1956.
This is for your kind consideration, please.
Thanks,
Kind Regards,
Avika
From India, New Delhi
Dear Pon and Avika
Thankyou for your valuable replies.......
Avika can u tell me what is this paid up capital. Turnover wise my company is of around 1000 crore....
We already have a CS in place....and what i know is that you can not offer two CS the designation of Company Secretary....
From Nigeria, Lagos
Thankyou for your valuable replies.......
Avika can u tell me what is this paid up capital. Turnover wise my company is of around 1000 crore....
We already have a CS in place....and what i know is that you can not offer two CS the designation of Company Secretary....
From Nigeria, Lagos
Dear Mr. Sujeet,
You are correct and the person appointed as Assistant Company Secretary is under obligation to sign doucments on behalf of the Company if he has been authorised, by the Company or its Board of Directors, to do so. He can not refuse to sign documents on the pretext that he is on probation.
Kindly check with your records (or the Company Secretary) as to who are the people authorised by the Board of Directors to sign legal documents on behalf of the Company as only those people can sign legal documents.
Hope this would be useful.
Thanks,
Kind Regards,
Avika
From India, New Delhi
You are correct and the person appointed as Assistant Company Secretary is under obligation to sign doucments on behalf of the Company if he has been authorised, by the Company or its Board of Directors, to do so. He can not refuse to sign documents on the pretext that he is on probation.
Kindly check with your records (or the Company Secretary) as to who are the people authorised by the Board of Directors to sign legal documents on behalf of the Company as only those people can sign legal documents.
Hope this would be useful.
Thanks,
Kind Regards,
Avika
From India, New Delhi
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