SCOPE OF COMPANY SECRETARY IN EMPLOYMENT:-

Appointment as Whole time Company Secretary

As per Section 203 read with Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, Every private company which has a paid up share capital of ten crore rupees or more shall have a whole -time company secretary.

Company Secretary as Key Managerial Personnel (KMP)

Every listed company and every other public company having paid-up share capital of ten crore rupees or more is required to appoint the whole time Company Secretary as the Key Managerial Personnel.

Company Secretary as Compliance Officer:

 Under Regulation 6 of the SEBI (LODR) Regulations, 2015, a listed company is required to appoint a qualified company secretary as the compliance officer.

Company Secretary as a part of Senior Management

The senior management will also include chief executive officer/managing director/whole time director/manager and specifically include company secretary and chief financial officer.

SCOPE OF COMPANY SECRETARY IN PRACTICE:-

Company Secretary as Secretarial Auditor Section 204 of the Companies Act, 2013 , following classes of companies are required to obtain Secretarial Audit Report from Company Secretary in practice and shall annex the same with its Board’s report

(b) Every public company having a paid-up share capital of 50 crore rupees or more; or;

(c) Every public company having a turnover of 250 crore rupees or more.

(d) Every company having loans or borrowings from banks or public financial institutions of one hundred crore rupees or more

Further, pursuant to Regulation 24A of the SEBI (LODR) Regulations, 2015, every listed entity and its material unlisted subsidiaries incorporated in India shall undertake Secretarial Audit and shall annex with its Annual Report, a Secretarial Audit Report, given by a Company Secretary in Practice,

Company Secretary as an Expert

Section 2(38) of the Companies Act, 2013 include the company secretaries as an expert

“Expert” includes an engineer, a valuer, a chartered accountant, a company secretary, a cost accountant and any other person who has the power or authority to issue a certificate in pursuance of any law.

Company Secretary as Registered Valuer

A Company Secretary in practice is recognized to be registered valuer for the asset class “Securities or Financial Assets” under the Companies (Registered Valuer and Valuation) Rules, 2017.

 Company Secretary as Insolvency Professional

A company secretary can become  Insolvency Professional if he has  passed Limited Insolvency Examination and has ten years of experience as  a company secretary enrolled as a member of ICSI.

Company Secretary as Internal Auditor

Company secretary in practice is authorized to undertake internal audit of:

  -Portfolio Managers

  - Stock Brokers/Clearing Members/ Trading Members

   -Credit Rating Agencies

  -Registrar and Share Transfer Agents (RTAs)

  -Internal Audit & Concurrent Audit of Depository Participants

Company Secretary as IPR Expert

The Company Secretaries can act as registered Trade Marks Agent and also advise their client on IPR matters

Advisory services:-

Corporate Laws Advisory Services extend beyond the boundaries of Companies Act, 2013 into the following laws and activities:

– SEBI Act, 1992

 – Securities Contracts (Regulation) Act and Rules and Regulations made thereunder

– Depositories Act

 – Foreign Exchange Management Act

– Environmental and Pollution Control Laws

– Labour and Industrial Laws

–Drafting of Legal Documents