CS

The Companies Act, 2013 has substantially strengthened the position, role and responsibility of a Company Secretary both in employment and in practice. The duties of a company secretary are now statutorily prescribed under the Companies Act, 2013.He is now bracketed as key managerial personnel (KMP). He not only reports to the Board on complianc...

The Companies Act, 2013 has substantially strengthened the position, role and responsibility of a Company Secretary both in employment and in practice. The duties of a company secretary are now statutorily prescribed under the Companies Act, 2013.He is now bracketed as key managerial personnel (KMP). He not only reports to the Board on compliance with the laws applicable to the company but also ensures compliance with the applicable secretarial Standards.

The Companies Act, 2013 has assigned substantial second order state functions to Company Secretaries in practice. Listed companies and other companies as may be prescribed by the rules there under are required to annex to the Board’s Report, a Secretarial Audit Report from a Practising Company Secretary and any qualification/observation in the said report needs to be explained in the Board’s Report. Similarly, listed companies and other companies having paid up share capital and turnover as may be prescribed shall get Annual Returns certified by a Practising Company Secretary. A Practising Company Secretary may be appointed as an Internal Auditor or a registered valuer or a company liquidator. A Company Secretary is also authorised to represent before the National Company Law Tribunal, Appellate Tribunal and various Tribunals and quasi-judicial bodies constituted under other legislations. He is also eligible to become a Technical Member of the Tribunals.

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