Introduction: India is witnessing a phenomenal growth and
expansion in the corporate sector resulting from its
exposure to industrialization. The growing demand
for specialists in almost every sphere of the
corporate functions has led to emergence of
professionals who can perform specialized skills
with near perfection in their respective fields. A
company secretary is one such professional who is
responsible for efficient management of the
corporate sector. He co-ordinates and assists
various departments of the organization, ensures
compliance of company legislations and advises
directors on statutory requirements of the company.
Apart from carrying out these functions he also
looks after finance, accounts, legal, personnel and
administrative functions.
Company secretaries, with their multidisciplinary
background and rigorous training attained in law,
management and finance, are involved in major
decisions such as formulating long and short term
corporate policies and programmes, accounting and
finance functions. For this reason, they are
regarded as corporate development planners. Their
other responsibilities include incorporation, manage
public issues, act as internal legal advisor and
representative, process inter corporate loans and
investments, maintain company's records, take care
of company's tax planning, tax management, tax
returns, explore expansion opportunities, arrange
collaborations, amalgamations, acquitions, joint
ventures within and outside India etc. They are
required to understand relevant aspects of laws,
update themselves with the changes to ensure proper
compliance of legislations. The job also involves
arranging company meetings, collecting and compiling
information and recording the decisions. They a! ct
as confidants of board of directors and provide a
link between the management and shareholders. In
many companies, company secretaries play an
important role in legal and financial functions.
Nowadays, they are even foraying in capital markets
and financial services industry. Their assistance in
administration, management, planning and general
running of the company makes them the company's
chief administrator.
Personality : Company secretaries have to be very disciplined
and organized as they hold key positions. They are
expected to have thorough knowledge and
understanding of their subject as they may have to
deal with complex legal situation. Excellent command
over English, both written and oral is important. At
the same time ability to understand, analyze complex
and technical issues and exercise accordingly with
tact and intelligence are other essentials.
Associated with the top level management and being
aware of top level plans and important secrets, it
becomes a moral responsibility of company secretaries
to be loyal to their organization.
Career Prospects : Exposure to detailed study and practical training
in various fields adds to versatility of a company
secretary. A qualified company secretary is a
competent enough to take up wide range of
responsibilities in legal, secretarial, finance,
accounts, personnel and administrative departments
of companies or other organisations in the private
and the public sector. Almost every kind of
organisation whose affairs are controlled by boards
or councils and other corporate structures be it a
co-operative society, association, federation or
statutory authority, finds it beneficial to appoint
a qualified company secretary. Initially the career
may begin with designation of a Junior Secretarial
Officer. Depending upon the experience and hardwork
it can rise upto senior level positions of Company
Secretary and even Finance Advisor.
Nature of Work : The rapid corporatisation which began in the wake
of the liberalization of the economy, has brought
drastic changes in the role and profile of a company
secretary. In essence, a company secretary is a
specially designated officer whose duty is to ensure
compliance of various legislations. By various
enactments, he has been recognised as one of the
principal officers of the company.
Q1.Tell me
something about the career of company secretary?
A1.The use of the word secretary in the name of this
specialisation is a bit misleading for one who is new to
the concept. A Company Secretary has nothing to do with
regular secretarial work. A Company Secretary is a
professional whose role in a corporate set up is that of
an advisor for legal matters. As per the Companies Act,
a statutory requirement is that companies with a paid up
share capital of a minimum of Rs 50 lakh are required to
appoint a Company Secretary. A Company Secretary is a
very important member of the company’s management.
Q2.What is the role of "The Institute of
Company Secretaries of India " ?
A2.The Institute of Company Secretaries of India is
constituted under the Company Secretaries Act, 1980, to
develop and regulate the profession of Company
Secretaries in India. The origin of this profession can
be traced back to 1960, when the Company Law Board
started a course in Company Secretary ship leading to a
Government Diploma in Company Secretary ship. A
tremendous growth in the number of Company Secretaries
led to the formation, in 1969, of The Institute of
Company Secretaries of India under Section 25 of the
Companies Act, 1956. The Institute of Company
Secretaries of India has been converted into a statutory
body under the Company Secretaries Act, 1980.
Q3.What does a Company Secretary do?
A3.
The range of services that a Company Secretary is
trained to carry out is wide. In actual practice, it
will depend upon the size of the company he or she is
working with. The nature of activities that the company
is engaged in will also affect the type of services that
a Company Secretary is required to provide. Functions of
a Company Secretary A Company Secretary has been
recognised by law as one of the principal officers of
the Company. The knowledge that he or she acquires
during training makes him or her versatile enough to
carry out functions in various areas like finance,
accounts, legal administration and personnel division.
Training as a Company Secretary equips a person to
provide the following services. Handling legal aspects
that need to be covered for incorporation, formation,
promotion, amalgamation, reorganization or winding up of
a company, are the responsibilities of a Company
Secretary ¨ If a company goes public, then management of
the public issue falls under the ambit of a Company
Secretary's responsibility. ¨ All legalities involved
with inter-corporate investments and loans are looked
after by a Company Secretary. ¨ All responsibilities
attached to meetings of Board of Directors are attached
to the Company Secretary. He or she is responsible for
scheduling them in consultation with other members of
the management team, conduct the meetings and maintain
all records related to the meetings. ¨ Depending upon
the needs of the company that he or she is working for,
a Company Secretary is required to handle matters
related to central/state sales tax, excise laws, labour
laws and corporate laws. ¨ Looking into the details of
processing applications for management appointments and
their remuneration is also the responsibility of a
Company Secretary. ¨ A Company Secretary handles matters
related to obtaining institutional finance.
Responsibilities in this regard would include getting
project approvals, obtaining relevant licenses and
permits, zeroing in on all requirements under the MRTP
(Monopolies and Restrictive Trade Practices Act) and
FERA (Foreign Exchange Regulation Act) and any other
relevant legislation. ¨ The Company secretary is
authorised to sign the annual returns of the company, as
also represent the company when a situation demands it.
The above-mentioned duties are just a broad guideline of
what is expected of a Company Secretary.
Q4.Who can become a Company Secretary?
A4.The minimum eligibility required for the foundation
course for training as a Company Secretary is 10+2 or an
equivalent examination. Graduates or post-graduates in
commerce, or any other discipline except fine arts, are
allowed to skip the foundation course and enrolled
directly for the intermediate examination. This
exemption is also extended to those who have passed out
of the Institute of Cost and Works Accountancy or the
Institute of Chartered Accountants of India. For better
prospects one may opt for the Company Secretary course
after having completed either the Cost and Works
Accountancy course or the Chartered Accountancy course
or both. The course The Institute of Company Secretaries
of India conduct examinations for different levels of
competencies. Those who clear these examinations are
granted membership to the Institute.
Q5.Where are the centers of the institute?
A5.The Institute has headquarters at New Delhi. Offices
at Calcutta, Chennai, Delhi and Mumbai, four regional
councils and thirty-six chapters of the Institute in
various cities provide the infrastructure through which
the Institute functions. This course is a mixture of
postal tuition and optional coaching classes. Study
material is provided to the students at the time of
admission. On completion of postal coaching and contact
classes, if the student has opted for it, he or she is
eligible for appearing for the examinations conducted by
the Institute. Registration for each examination needs
to be done at least nine months before the month in
which the examination is held. The examinations are held
in June and December every year. Examinations are held
at thirty-six centres.
Q6.What is the procedure for becoming a
Company Secretary?
A6. It is as follows: Pass 10+2 or equivalent
examination Enrol with the institute for foundation
course Complete the compulsory postal coaching Pass the
foundation examination Register with the institute for
intermediate course. Graduates and those who have passed
out of the Institute of Cost and Works Accountancy or
the Institute of Chartered Accountants of India can
enter straightaway at this level. Complete the
compulsory postal coaching for the intermediate course.
¨ Pass the intermediate examination. Enrol for the final
course ¨ Complete the compulsory postal coaching for the
final course. During this period the student is also
required to undergo management training or
apprenticeship with a company recognised by the
Institute or with a recognised practising company
Secretary. The duration of the training may vary from 12
months to 24 months, depending upon whether it is done
on a full time or part time basis. Pass the final
examination. ¨ Undergo practical training for four
months. Now a student qualifies for membership of the
Institute On admission as an Associate member, he or she
is entitled to use the descriptive letters "ACS" after
his name. Senior members in the profession are eligible
for admission as Fellow Members, and on admission as
Fellow Members they are eligible to use the descriptive
letters "FCS" after their names.
Q7.What are the places where examinations
are held?
A7.The Institute has its headquarters at New Delhi and
four regional offices of Calcutta, Chennai, Delhi and
Mumbai. The Institute has four Regional Councils and
under their jurisdiction there are thirty-six Chapters:
Eastern Region: Bhubaheshwar, Guwahati, Jamshedpur,
Patna, Ranchi Northern Region: Chandigarh, Faridabad,
Ghaziabad, Jaipur, Kanpur, Ludhiana, Lucknow, Modinagar,
Noida (U P), Shimla, and Udaipur Southern Region:
Bangalore, Coimbatore, Cochin, Hyderabad, Madurai,
Mangalore, Mysore, Pondicherry, Tiruchirapalli,
Thiruvananthapuram, and Vishakapatnam Western Region:
Ahmedabad, Bhopal, Dombivli, Goa, Indore, Nagpur, Pune,
Surat, and Vadodara. In addition the Institute has 16
Satellite Chapters, which are located at Agra,
Allahabad, Gurgaon, Jodhpur, Meerut, Beawar, Yamuna
Nagar, Varanasi, Bhilwara, Bareilly, Dharwad, Kottayam,
Thrissur, Vijayawada, Nasik, Raipur.
Q8.What are the prospects for employment ?
A8. Today's global scene shows a focus on the
development of the corporate sector. Growth
automatically translates into the involvement legalities
of various kinds. And this falls under the purview of a
Company Secretary. Companies need advice from a person
with a thorough knowledge of all relevant laws. This
service is provided for by the Company Secretary. So the
employment potential in the corporate sector is very
high. Openings are also available in government sectors,
in bodies like the Bureau of Public Enterprises,
government financial institutions and stock exchanges.
Other government openings are the Accounts branch of the
Central Government Law Services; the finance, law,
accounts and merchant banking divisions of nationalised
banks. An option for the academically inclined is as
lectures in universities. A combination of experience
and expertise can lead to appointment at top level
positions like chairman, directors and managing
director, in reputed organisations.