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>
Pls find attached
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,
Regards
G SRIRAM
Practising Company Secretary
Chennai
Mobile 93810 11200
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