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Company Secretary


Posted Date: 05 Nov 2007    Resource Type: Articles/Knowledge Sharing    Category: Entertainments

Posted By: Jose Mathew       Member Level: Platinum
Rating:     Points: 5



Who is a company secretary?


A company secretary is a person who ensures compliance of all laws, which relate to the working of a company. Hence, knowledge about corporate laws and the rules related to it are mandatory to formalise business deals. Apart from being responsible to the shareholders and directors of the company, a company secretary also communicates with the outside world on behalf of the company. Hence, he/she is the‘face of the company’.

These are some of the duties of a company secretary:


Advising on good governance practices and compliance of corporate governance norms as prescribed under the Companies Act, listing agreement with stock exchanges and various other laws, rules and regulations.
Promotion, formation and incorporation of companies and other matters related to it
Filing, registering documents including forms, returns and applications on behalf of the company as an authorised representative
Maintenance of secretarial records, statutory books and registers
Arranging board and general meetings and preparing minutes of the meeting
All work related to shares and their transfer and transmission
Secretarial audit/compliance audit
Compliance certificate for companies not required to employ a whole-time secretary
Signing of annual reports
Advising companies on compliance of legal and procedural aspects, particularly under various acts like SEBI Act, Intellectual Property Rights, Labour and Industrial Laws, setting up of subsidiary boards, drafting of legal documents, etc.
Representing the company or other persons before the Company Law Board, National Company Tribunal, etc.
K G Saraf, Fellow of Company Secretary and a senior most practicing company secretary, outlines,“A company secretary would have to maintain the records of the company properly, record in the basic minutes book, call meetings like the board meetings or the general body meetings, handle matters related to initial public offerings (IPOs) and public issues. He would also have to handle matters related to making contracts, attend to queries from the Income Tax department, look after investor grievances, etc.”

Eligibility

A student can pursue a course with The Institute of Company Secretaries of India to become a qualified company secretary. The institute is a premier professional body instituted under an Act of Parliament, namely, the Company Secretaries Act, 1980 (Act No 56 of 1980) to develop and regulate the profession of company secretaries in India.

Course details
The course is primarily a distance-learning course, comprising three stages - foundation, intermediate and final. A student with a 10+2 qualification can apply for the foundation course. Meanwhile, graduates from any stream or candidates who have passed the foundation course are eligible to enroll for the intermediate course. And finally, the students who have passed the intermediate course are eligible to apply for the final year course. One can enroll for the course with the centres of the institute, which are in different cities of the country. The fees for the course would be approximately Rs 15,000 to Rs 20,000. The duration of the course is three year (including the foundation course).






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