TOPIC 58: QUICK REFERENCE TO “Company Secretary”

.
Quick Reference to "Company Secretary".
.
Legal Provision:-.
Section 2(24), 2(25), 2(51), 203, 205, of Companies Act, 2013.
Rule 8A of Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014.
Company Secretaries Act, 1980.
 .
.
Points:-.
.
1. In simple words, Company Secretary means A Member of Institute of Company Secretaries of India.
.
2. Membership is either Associate Member (ACS) or Fellow Member (FCS).
.
3. ACS is the first membership of ICSI and if that person completed 5 years from date of ACS membership then he/she can apply for fellow member.
.
4. PCS i.e. Practising Company Secretary must have membership number plus Certificate of Practice ( COP number). He must be in full time practice.
.
5. Any Company having paid up capital of ₹ 5 cr or more should have whole time cs in employment.
.
6. Company Secretary is considered as Key Managerial Personnel.
.
7. The Secretarial Audit can done by PCS only.
.
8. Form DIR-12 and MGT-14 is required to file for appointment of CS in Company.
.
9. Basically, Company Secretary is the Compliance officer. He has to ensure about Compliance of Companies under various Acts, rules etc..
.
10. A Company Secretary must not hold office in more than one Company except in its subsidiary Company at the same time.
.
11. The Form MR-1 is not required to filed for appointment of Company Secretary.
 .
.
Regards
ACA SOURAV BAGARIA