Thursday, February 12, 2015

[aaykarbhavan] Fwd: Secretarial Audit applicability for Private companies [1 Attachment]



Please  go  through  the  trailing  mail and  
FAQ's  on secretarial Audit issued by ICSI.  

Private  company  which  is  a  subsidiary  of  Public  limited  company  having  the  threshold  limit i.e 
paid up capital of more than Rs. 50 crores or Rs.250 crores turn over is now required to have secretarial Audit.

Others  view  solicited.


Regards


---------- Forwarded message ----------
From: SRIRAM GURURAJAN <sriramvishnu@hotmail.com>
Date: Fri, Feb 13, 2015 at 8:31 AM
Subject: Secretarial Audit applicability for Private companies
To: "csarengarajan@gmail.com" <csarengarajan@gmail.com>


Dear Sir,
Pls find attached
​​
FAQ's  on secretarial Audit issued by icsi.

It is clarified in Question No. 28


Is Secretarial Audit applicable to a private company which is a subsidiary of a public company?


Section 2(71) of the Companies Act, 2013 defines a "Public Company as one

(a)Which is not a private company;


(b)Has a minimum paid-up share capital of five lakh rupees or such higher paid-up capital as may be prescribed.


The proviso to the definition states that "Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles.


By this definition, it can be inferred that Secretarial Audit would be applicable to a private company which is a subsidiary of a public company, and which falls under the prescribed class of companies.



Therefore,

​​
the private companies which
​are​
 subsidiary of
​ a​
 
​p​
ublic company having the
​​
paid up capital of more than Rs. 50 crores or 250 crores turn over is now required to have secretarial Audit.



Regards

G SRIRAM









--




A.Rengarajan
Practising  Company  Secretary
Chennai


Mobile 93810  11200

"
LET  US  SUPPORT  COMPANY  SECRETARY  BENEVOLENT  FUND  FOR  COMMON  CAUSE




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Posted by: CS A Rengarajan <csarengarajan@gmail.com>


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