The company secretary plays a highly critical role in the company. The role of the company secretary in company law determines the smoothness of the administrative process in the company’s business environment. As it is the company secretary qualification in the country, his responsibilities and roles are very complex and must be channelled and demonstrated in stages.
After implementing the Companies Act 2013, the role of the Company Secretary has become very important in India. There is also a significant requirement and position of CS with company secretary duties under the companies’ act 2013.
Some of the roles and responsibilities of a company secretary:
CS works as a consultant and tells the roles and powers of the chairman and director of the company.
#2. Secretarial audit:
CS ensures that the company follows the laws and guidelines set out in the memorandum to facilitate the proper functioning of the organization in accordance with the rules set out in Section 204 of the Companies Act 2013. It is not merely a role but an obligation of CS to perform such audits on mandatory and registered companies.
#3. Company legal counsel:
The company secretary knows company laws very well and works as a legal adviser to managers. He advises on company law on legal issues and gains in-depth knowledge from experts.
In addition, it is also important for CS to consider the following legal aspects:
- Filing of annual returns and forms in accordance with the Companies Act.
- Assist the Chairman and the Board of Directors in implementing certain policies effectively.
- CS reviews the legal requirements for the relevant certificate sharing devices.
- Regulate the dividend flow in accordance with the laws followed by the company.
# 4. Inter and Intra-Company Working Relations:
The company secretary plays a liaison role between investors, the board of directors and authorities working towards the functioning and regulation of the company.
#5.Record legal work:
CS of an organization in India keeps the information about investors, shares, directors and members on file.
#6. Business planning:
He is also responsible for holding meetings of the shareholders and the board of directors of the company. The articles of the company will address the primary needs of shareholders and board of directors’ meetings, but the law firm’s secretary is responsible for disclosure compliance, any establishment, or review of records.
#7. Maintaining company records:
The company secretary controls the retention of certain company records, even if this is not required by law. These obligations include:
- Pension and Insurance detail
- VAT registration
- PAYE information
- Tax Record and Accountancy
- Statutory compliance records
#8. Command Over Corporate Governance:
A good governance structure is important for a company regardless of its size, but it becomes difficult as the number of stakeholders increases and the company’s size grows.
In India, the company secretary advises the board of directors on company governance matters and the responsibilities of the board. This includes managing areas of shareholder interest, conflicts of interest, investor advice, and working with applicable codes.
As described under the Companies Act 2013, the powers of company secretaries in India have been expanded, and direct responsibilities have come into effect. As mentioned in Section 203, companies do not need to hire full-time executives who depend on company departments, as stated by the centre.
This is necessary to ensure that effective company governance and regulations run well. An important fact is to hire a CFO and a CEO companies need to appoint a company secretary. This illustrates the importance of CS in the modern world.
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