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The company secretary acts as a bridge between the company and its Board of directors, shareholders, government, and regulatory authorities. The company secretary has to impart various services ranging from advising the companies on good governance practices, compliance of legal and procedural aspects, arbitration, negotiation, and conciliation in commercial disputes between the parties to finance, accounting, taxation, and management services. The company secretary is responsible for the efficient administration of a company, particularly with regard to ensuring compliance with statutory and regulatory requirements and for ensuring that decisions of the board of directors are implemented.
1. Secretarial Audit
A CS is the one who verifies whether or not a company is complying with certain guidelines and laws mentioned in the memorandum of the company for smooth monitoring and functioning of the said organisation. This role of his falls under Section 204 of the Companies Act, 2013. It’s not merely a role; the Act clearly states that it is the ‘duty’ of the CS to perform such audits of listed and prescribed companies.
2. Acting as an inter and intra company link
A Company Secretary acts as a channel of communication between the Board of Directors, investors, and authorities responsible for regulation and functioning
3. Guide
CS is not just a link between various entities in the company, he is also the guide who advises the directors and the chairman on their role and powers in the company
4. Legal Advisor
Since a CS is well versed with the laws of the company, he often provides legal advice to the executives. And once the matter goes in the court of law, he is the one who guards the rights of the company by seeking legal advice from those who have a command over the subject.
Apart from these roles and responsibilities a CS is also expected to adhere to certain legal aspects which include the following:
5. Maintenance of various records
While a CS does mostly legal works and oversees various issues related to it, he also has to maintain records and information of members, directors, shares, investors, etc.
Conclusion:
As mentioned already, ever since the Companies Act, 2013 came into effect, a CS has got more powers and his roles and responsibilities have become more direct and clear. Under section 203 of the same act, the companies are now required to appoint whole time managerial personnel depending on the category of the company as prescribed by the government in the center. This has been done to ensure corporate regulation and efficient governance. What’s noteworthy here is the fact that apart from the appointment of the CEO and CFO, the law also requires the companies to have a Company Secretary – goes on to explain how important a CS is in modern times.
How to Become a Company Secretary (CS)
Stream |
Graduation |
After Graduation |
After Post Graduation |
|
Path1 |
Clear Class XII in Commerce Stream (Recommended) |
|
- |
- |
Path2 |
Clear Class XII in Commerce Stream (Recommended) |
|
- |
- |
Important Facts
1 Multitasking skills
A Company Secretary has to keep a lot of balls in the air at the same time: preparing for meetings while making sure that corporate governance compliance is up to date; supporting communications between management and the board of directors, etc. “It’s very important to be able to juggle priorities,” writes one UK company secretary, “along with collaborating with a lot of people. Because the job does tend to be quite varied, you have a number of tasks on your desk at any one time, so you need to be able to keep it all going at the same time. But you also need to communicate well so that the people you’re working with understand what you have got on your plate and that they let you know what’s most important to get done first.”
2 Organisational knowledge.
The Company Secretary must understand the business and the context of their organisation. They must be able to translate governance theory into the appropriate frameworks, policies, and processes for their organisation. The chairperson will not only depend on the Company Secretary to bring compliance issues to the attention of the board of directors at meetings but also to provide solutions for implementing actions. The Company Secretary must be able to develop and implement these in a way that their organisation can readily understand and comply with, ICSA comments.
3 Planning skills
A good Company Secretary must be ahead of the game, with plans in place at all times. This is essential, given that board and committee meeting cycles are schedule-driven and external and internal compliance obligations must be met on time. “This means you have to be good at project managing because there are always several ongoing projects that will require your attention at the same time,” the UK Company Secretary says.
4 An eye for detail. A command of the detail is required. A Company Secretary must ensure that the work of the board, in particular, as well as that of the larger organisation is executed correctly, without mistakes or omissions. For example, the Company Secretary acts as the shareholders’ first point of contact with your company. Circulation of announcements, correspondence regarding dividends, registration of share ownership, transfers, and all areas relating to shareholdings must all be managed seamlessly, as Deloitte writes in a recent report.
5 Effective communication skills
Company secretaries work with senior people – board members or directors, CEOs, senior executives, and often many senior external stakeholders (including regulators, investors, and funders). They must possess discretion, diplomacy, tact, emotional intelligence, and good negotiation skills. They must be able to listen well and effectively communicate both orally and in written form. The Company Secretary should build effective working relationships with all board members, offering impartial advice and acting in the best interests of the company. In promoting board development, the Company Secretary should assist the chairman with all development processes, including board evaluation, induction, and training. This should involve implementing a rigorous annual board, committee, and individual director assessment and ensuring that the actions arising from the reviews are completed, Deloitte continues.
6 Sound judgment
The ability to assess and make sound judgments, often in circumstances involving conflicting issues and ends, is a key requirement for a company secretary. This is especially so given the senior people with whom a Company Secretary has to deal. The Company Secretary also has an important role in communicating with external stakeholders, such as investors, and is often the first point of contact for queries. The Company Secretary should work closely with the chairman and the board to ensure that effective shareholder relations are maintained.
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