Role of Practicing Company Secretary

Who is a Company Secretary in Practice?

Globally the profession of company secretaries gaining importance in the corporate world. India, by the Companies Act 2013, various regulations under SEBI Act has made the appointment of company secretary is compulsory for certain type of companies. Company secretaries provides variety of professional services, centred around corporate laws and best practices. In many areas the services and authentication of Practicing company secretaries are made mandatory and in many areas his position is equivalent to other professionals like chartered accountants.

Job of a Company Secretary.

The job of a company secretary usually revolves around corporate laws and best practices but if you look specifically you can find

1. If the question is whether the company secretary in practice can appear in front of court? Not really, advocates represent companies at court, but the work is done by CS.

2. A company secretary in practice can represent his client at various quasi judicial authorities and bodies.

3. Company Secretary in practice surely can give legal opinion on company law and such other related law matters including, listing, securities law, competition law, FEMA, corporate governance, Corporate social responsibility, Insolvency laws etc.

Areas of practice open for Practicing company secretary:

1. Legal compliance relating to incorporation of companies and such other body corporates.

2. Appearing in NCLT – National company law tribunal in matters relating to rejection of application of incorporation, winding up, investments, oppression, mismanagement, investigations, securities transfer cases, securities related issues etc.

3. Corporate advisory services related to various corporate laws, FEMA, take overs, securities law, stamp law, registration law, SARFAESI law, listing process, etc

4. GST related advises, income tax related advises, foreign taxation related advises.

5. Secretarial audit under Companies Act.

6. Mergers, acquisition, amalgamation, restructure and such other arrangements.

7. Consultation related to various corporate law violations.