COMPANY SECRETARY

COMPANY SECRETARY

In India every company having a paid up share capital of Rs. 5 crores or more are required to appoint a qualified person as Company Secretary. A qualified Company Secretary should be a member of Institute of Company Secretaries of India headquartered in New Delhi. A company having not less than Rs. 10 lacs paid up capital and not required to appoint a full time company Secretary should file with Registrar of Companies, a compliance certificate signed by a practicing Company Secretary.
Section 383A of the Companies Act, 1956 provides for the mandatory appointment of a whole time secretary where the paid up capital of the Company exceeds Rs. 5 crores. In case where the capital is less than Rs. 5 crores, the company is required to obtain a secretarial compliance certificate and attach the same to the Directors' Report and file it with the Registrar of Companies.
Statutory declarations of compliance under various other provisions of the Companies Act, 1956 are also to be certified by practising company secretaries. Under the MCA 21 e filing regime several forms (including some, exclusively) are required to be pre-certified by practising company secretaries.
In the case of companies listed on recognized stock exchanges, the annual returns are to be signed by a practising company secretary.
Further, the Securities and Exchange Board of India (SEBI) also recognizes the Company Secretary as the Compliance Officer and the practising company secretary to issue various certificates under its Regulations. Further, the practising Company Secretaries are also authorized to certify compliance of conditions of corporate governance in case of listed companies.
The Reserve Bank of India also authorities company secretaries to issue various certificates.
The Institute of Company Secretaries of India, is the premier professional body to develop and regulate the profession of Company Secretaries in India. It was set up by an Act of Parliament in 1980. The profession has its origins in England

List of ICSI Offices in India

Headquarter :

1. ICSI House, 22, Institutional ARea, Lodi Road, New DElhi- 110 003. 

Regional Council Centers: 

1. EIRC, 18-A, Everest House (18th Floor), 46-C, Chowringhee Road, Calcutta-700 071.

2. NIRC, ICSI-NIRC Building, Plot No.4, Prasad Nagar, Institutional Area, (Behind Kalindi College), Rajindra Place, New Delhi-110 005.

3. WIRC, No. 13, Jolly Maker Chambers, No. 11 (Ist Floor), Nariman Point, Mumbai-400 021.

4. SIRC, No. 4, Wheat Crofts Road, Nungambakkam, Chennai-600 034.

Following Chapters of ICSI in Kerala will provide application forms and details of the programme.

1. Tiruvananthapuram Chapter, Utsavamadam Buildings, Kattayikkakan, Phone 0471-2451915.

2. Kochi Chapter, North Railway Station Road, Phone 0484-2392950.

3. Kottayam Satellite Chapter, Eranjal Road Kottayam.

4. Thrissur Satellite Chapter, Paliyam Road, Phone 0487-2331112.

International Training : 
The ICSI in association with the Institute of Chartered Secretaries and Administrators (ICSA), London, has organised a programme whereby Company Secretaries from India can by successfully completing 3 papers offered by ICSA, get international certification. This will enhance their prospects abroad.
The ICSI has also established a centre for Corporate Research and Training to provide opportunities for higher education in this sector. The National Law School of India University (NLSIU) Bangalore, a prestigious centre for legal education also allows for Doctoral Research in this field. The ICSI also offers a Post-Membership Qualification Course in Capital Markets and Financial Services to allow members to gain progiciency in new areas like capital markets and financial services.

International View : 
The Institute of Chartered Secretaries and Administrators, 
16 Park Crescent,
London WIN 4 AH.