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The company secretary is appointed by the directors. A company secretary has to be at least 18 years old.
What is the rule 8 of the appointment of a company secretary?
A full-time company secretary is required for every private business with a paid-up share capital of 10 crore rupees or more.
Is MGT 14 required for the appointment of a company secretary?
Within 30 days of the board resolution being passed, all publicly traded companies, including those that are listed, must submit a copy of the resolution in form MGT-14 to the ROC.
What is the time limit for appointing CS?
In accordance with the Act, at a board meeting held not later than six months from the date of the vacancy.
Is it mandatory to appoint a company secretary?
A full-time company secretary must be appointed by any company whose paid-up capital exceeds Rs. 5 crores, as per Section 203 of the Companies Act, 2013 read with Rule, 8A of the Companies.
Company Secretary Appointment, Roles and Responsibilities
Learn about the appointment, roles, and responsibilities of a Company Secretary in India. Understand legal compliance, duties, and governance as per the Companies Act, 2013.
Izhar Ahmad1 Apr, 2025
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Company Secretary Appointment: According to the Companies Act of 2013, appointing a Company Secretary in India for a business entity is necessary. The Company Secretary is an integral part of management, focusing on legal compliance and formalities to shield the company from risk. The Institute of Company Secretaries of India (ICSI) oversees this profession, a governing organization whose members are designated Company Secretaries.
There are numerous functions that a Company Secretary performs for a company. They ensure that financial records are kept in proper condition and that tax returns are on time and correctly. The Company Secretary communicates with executives regularly and warns them about possible legal and financial problems that could threaten the operations. Maintaining strict standards is also important, as following the law's rules and guidelines will protect the company's long-term interests.
A Company Secretary manages every legal matter for a company, ensuring compliance with business laws and regulations. They serve as the central point of contact between a business and important authorities, carrying duties as outlined in the Company Act of 2013. Through registration in the Institute of Company Secretaries of India, this position pledges to keep transparency while allowing operations to comply with relevant laws. Whether handling tax issues, making yearly reports, or planning board meetings, the company secretary plays a vital role in keeping a business properly conducted.
Rules of Company Secretary Appointment in India
A company appoints a Company Secretary as per the guidelines outlined in Section 203 of the Companies Act, 2013, and Rule 8/8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014: Under Rule 8, every listed company and public company with a paid-up share capital of 10 Crore or more must appoint a company secretary. Under Rule 8A, companies not covered by Rule 8, but with a paid-up share capital of % Crore or more, are required to appoint a full-time company secretary.
Company Secretary Appointment Procedure in India
Board Meeting Notification: The company notifies its directors about the need to appoint a Company Secretary under Section 173 of the Companies Act, 2013.
Approval by the Board: A resolution is passed in the board meeting to approve the appointment.
Filing with ROC: Form DIR-12 must be filed with the Registrar of Companies (ROC) within 30 days of appointment.
Submission of Form MGT-14: Required fees are paid under the Companies (Registration of Offices and Fees) Rules, 2014.
Maintaining Records: The appointment is recorded under Section 170 of the Companies Act, 2013.
Stock Exchange Notification: If the company is listed, the stock exchange must be informed.
Corporate Governance: Helps in implementing policies that enhance transparency and accountability.
Signatory Authority: Signs official documents, share certificates, and annual returns before submission to the ROC.
Secretarial Audit: Conducts audits under Section 204 of the Companies Act, 2013, and submits Form MR-3.
Stock Market Compliance: Coordinates with depositories and stock exchanges for Demat shares.
Restrictions & Liabilities
No Borrowing Authority: A CS cannot raise funds on behalf of the company.
Officer in Default: In case of violations, the CS can be penalized alongside directors and managers.
The appointment of a Company Secretary (CS) is pivotal in ensuring effective corporate governance and compliance with legal regulations. The CS plays a vital role in facilitating communication between the board of directors, shareholders, and regulatory authorities. Their responsibilities encompass a wide range of tasks, including maintaining statutory records, ensuring adherence to corporate laws, and providing guidance on governance matters. By upholding transparency and ethical practices, the CS contributes significantly to the organization’s overall integrity and operational efficiency. Ultimately, a competent Company Secretary is essential for fostering stakeholder confidence and promoting sustainable business practices.
