CAREER AS COMPANY SECRETARY

Career as a Company Secretary is not only prestigious and financially rewarding but also carries with it a high level of job satisfaction.

“The Institute of Company Secretaries of India” (ICSI) is a premier National Professional body established by Act of Parliament to develop and regulate the Profession of Company Secretaries.

The Company Secretary is:

  • An in-house legal expert; a compliance officer of the Company.
  • An expert in corporate laws, securities laws & capital market and corporate governance
  • Chief advisor to the board of directors on best practices in corporate governance
  • Responsible for all regulatory compliances of company
  • Corporate planner and strategic manager

ROLE OF A COMPANY SECRETARY

A Company Secretary being multidisciplinary professional renders services in the following areas:

Corporate Governance and Secretarial Services

  • Corporate Governance Services
  • Corporate Secretarial Services
  • Secretarial/ Compliance Audit and certification Services

Corporate Laws Advisory and Representation Services

  • Corporate Laws Advisory Services
  • Representation Services
  • Arbitration & Conciliation Services

Financial Market Services

  • Public Issue, listing and Securities Management
  • Takeover Code, Insider trading, Mergers & Amalgamation
  • Securities Compliance and Certification Services
  • Finance & Accounting Services
  • Taxation Services
  • International Trade & WTO Services

Management Services

  • General/ Strategic Management
  • Corporate Communication and Public Relations
  • Human Resources Management
  • Information Technology

EMPLOYMENT PROSPECTS

A qualified Company Secretary has openings in Employment and as Practising Independent Professional

Company Secretary in Employment

  • Company Secretary has been recognized as Key Managerial Personnel along with the Chief Executive Officer/managing director/manager, whole-time director and Chief Financial Officer. (section 203)
  • Being Key Managerial Personnel, Company Secretary is required to be mandatorily appointed in every company belonging to such class or classes of companies as may be prescribed.
  • As per the Rule 8 of Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, such prescribed class is every listed company and every other public company having a paid-up share capital of ten crore rupees or more shall have whole-time key managerial personnel.
  • Also as per Rule 8A, i.e. Appointment of Company Secretaries in companies not covered under rule 8.—A company other than a company covered under rule 8 which has a paid up share capital of five crore rupees or more shall have a whole-time company secretary.
  • Functions of the company secretary have been codified in the Companies Act, which include:-
    • to report to the Board about compliance with the provisions of this Act, the rules made there under and other laws applicable to the company;
    • to ensure that the company complies with the applicable secretarial standards;
    • to provide to the directors of the company, collectively and individually, such guidance as they may require, with regard to their duties, responsibilities and powers; and
    • to assist and advise the Board in ensuring good corporate governance and in complying with the corporate governance requirements and best practices;
    • other specified functions

Company Secretary in Practice

Some of the important areas of recognition for Company Secretary in Practice include:

  • Secretarial Audit
    • Every listed company and (a) every public company having a paid-up share capital of 50 crore rupees or more; or (b) every public company having a turnover of 250 crore rupees or more shall annex a Secretarial Audit Report with its Board’s report given by company secretary in practice in Form No. MR-3;
  • Pre-certification of e-forms;
  • Duty to report fraud;
  • Appointment as Administrator (Section 259);
  • Company Liquidators (Section 275);
  • Professional assistance to Company Liquidator (Section 291);
  • Qualifications of Tribunal (Section 409);
  • Adjudication of penalties (Section 454);

Company Secretaries in Practice also render services in the following areas:

  • Legal, Secretarial and Corporate Governance
  • Corporate Restructuring
  • Foreign Collaborations and Joint Ventures
  • Arbitration and Conciliation
  • Financial Management
  • Project Planning
  • Capital Market and Investor Relations
  • Due Diligence
  • Corporate Advisory Services
  • SEBI Act, SCRA and regulations made there under Depositories Act, 1996
  • Exim Policy etc.

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