The Company Secretary is an essential component of the Company and he/she must diligently fulfill his duties. He must ensure that all business activities adhere to all legal standards in addition to acting as a legal mentor; otherwise, he may be dismissed for dishonesty or breaching the company’s legal rights and held liable for wrongdoing. The secretary plays a key role in serving as a liaison between the company’s owners, board of directors, regulatory bodies, and other interested parties.
The Company Secretary performs a range of tasks, including corporate law compliance, business administration, and corporate governance. A company secretary is also assigned to the Managerial Level, the highest level in an entity. This person is in charge of the company’s smooth operation and must ensure that the business complies with all legal requirements. It is also a member of the Institute of Company Secretaries of India (ICSI) or possesses the necessary credentials. In this write up let us go through the Importance of a Company Secretary (CS) in a Business Environment.
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Who is a Company Secretary in a Company?
A Company Secretary or “CS” (hereinafter referred to as CS) is a certified professional who is a member of the Institute of Company Secretaries of India (ICSI), a legal professional organization in India to promote, regulate and develop the profession of Company Secretary in India. A CS professional is recognized as a Key Management Officer (KMP) under the Companies Act, 2013, where CS holds the position as an integral part of the Company’s board of directors.
CS are natural guardians of conscience in the company sector, as they are specialists in company governance, regulations, and processes and are the eyes and ears of the board of directors on these matters. Company Secretary acts as a crucial link between the Company, the board of directors (management), shareholders (owners), other stakeholders, and regulators. CS is also responsible for complying with several legal requirements under various legal actions, including the Companies Act 2013, which applies to companies, like every board member.
Role of a Company Secretary in a Business World
CS is to provide company directors, collectively and individually, with the guidance, they need regarding their duties, responsibilities, and powers. This is an important role for the Company Secretary as they follow the members of the Board of Directors in relation to their roles and authorities as stipulated in Company Law while assisting the Board of Directors in running and managing the Company.
CS plays a key role in ensuring compliance and regular review of onboard procedures. This role is essential to the smooth operation of a company. According to the Companies Act 2013, the Company Secretary is the key managerial person for the Company. He or she is responsible to ensure that all business activities comply with legal regulations. The company secretary acts in the role of a liaison between shareholders and shareholders’ representatives, as well as the board of directors and other key stakeholders.
Also, some of the roles of CS are as follows:
- To begin and carry out incorporation procedures such as document authentication and registration.
- Making certain that allocation and registration data are supplied to the registrar
- Must act in accordance with the Board’s directives
- Applying for a capital increase and keeping track of the delivery of Allocation Share Certificates
- Keeping track of Share Warrant Holders
- Keeping Minutes records of all Board and General Meetings
- Following the law and submitting annual returns
- The statutory declaration must be released before the commencement certificate may be issued.
- Keeping track of the required books
- All members of non-banking financial institutions get meeting updates and general meeting notifications.
- Ensuring that the company adheres to all relevant secretarial criteria
- To verify and submit attested returns and forms, to oversee the TDS (Tax Deducted at Source) authentication and filing process, to make sure the appropriate amount of TDS is withheld from employees’ salaries, to make sure TDS reports are kept up to date, and to make sure TDS is properly submitted to the government.
Importance of Company Secretary in the Business Environment
Every company needs a Company Secretary to make sure that all legal requirements are fulfilled. It is a worker despite holding a High Status comparable to that of a corporation’s director. Typically, the only employee in the company with advising authority is the owner.
In essence, the Business Secretary’s recommendations are implemented, used to carry out crucial tasks, and translated into company policy. He is the sole outsider permitted to attend the board meeting as a result. It must be an ICSI member or possess other necessary credentials.
Qualifications Required for becoming a Company Secretary
A Company Secretary must comply with specified regulations established from time to time by the Indian Government, as per Section 2(24) of the Companies Act, 2013. A CS must also meet the requirements outlined in the Companies (Secretary’s Qualifications) Rules of 1975. In the case of a Private Limited Company, a Company Secretary must be a member of the ICSI – Institute of Company Secretaries of India if the company has a paid-up capital of ₹50 lakhs. In the case of a Private Limited Company, Secretary must be a member of the ICSI – Institute of Secretaries of India if the company has a paid-up capital of ₹ 50 lakhs. The Secretary must meet one or more of the conditions specified, is a member of the ICSI, and has a law degree from any reputable university.
Recent Changes in Responsibilities and Scope of Company Secretaries in India
In a fast-changing economic and industrial environment and with the increasing need for company governance and ethical business practices, the role of CS has changed significantly over the past three decades. Stakeholders become vigilant about compliance. The main task of professionals is to meet the expectations of stakeholders at all times. Also, the company secretary profession has a new dimension from compliance officer to the compliance officer, manager, consultant, growth strategist, etc. In today’s world, the CS profession has achieved a significant position in the company world by taking a leading role in leading the Company to success and sustainability.
It is now very important that CS acts as a change broker and assist decision-makers in determining company excellence. The Companies Act, of 2013, and the Bankruptcy and Insolvency Code, of 2016 have significantly increased the roles and responsibilities of company secretaries in both work and practice.
Takeaway
A Company Secretary is a crucial component of the business, ensuring the organization complies with all legal requirements. Despite having a high status comparable to a director of a corporation, it is a workforce member. It is typically the only worker in the company with advisory authority. The Company Secretary’s recommendations are carried out and used to carry out important tasks and frame company policy. CS is the only external personnel permitted to attend the board meeting. It must be an ICSI member or possess other necessary credentials. CS professionals understand the complexities of the law, and shareholders and management must rely on them in all these matters to avoid compliance violations that would lead to good business conduct.
