Server means a person or thing that serves. Another meaning of server is that a computer or computer program which manages access to a centralized resources or services in a network.
As per Section 2(24) of Companies Act, 2013, Company Secretary (CS) means a Company Secretary as defined in Section 2(1)(c) of the Company Secretaries Act, 1980 who is appointed by a company to perform the functions of a CS under the Company Secretaries Act, 1980. Section 2(1)(c) of the Company Secretaries Act, 1980 states CS means a person who is a member of the Institute of Company Secretaries of India (ICSI).
The CS stands in a fiduciary position either he serves to the organization in the capacity of employee or as a navigator (practising professional). Although Section 205 of Companies Act, 2013 has very well defined the functions of CS but in addition to that I would like to throw light on some practical scope of service too, which are as follows:
For sure, CS serves as interface between organization and other bodies and authorities. Practically whenever one wants to introduce to the management they first have to acquaint with the CS. CS is like door of the Company. Due to availability of CS in entity, every good news passes with rapper of blessings and bad news can be set aside with stick of compliance.
Resourcefulness here does not only mean having ample of resources. Resourcefulness here link with utilisation of available resources in most efficient manner and if at some point of time, resources lacks then uses his or her network power in such a way that resources can be availed at minimal cost in less span of time.
3. Knowledge Bank
Knowledge Bank..!!?? Confused..!!! Yes, Company Secretary is a Bank of knowledge in terms of various legislations. For Example, company secretary can serve in the field of listing regulations while at the same time can serve as Compliance Officer of RBI compliances in addition to normal company law compliances. Some of the readers might agree with me that they are looking after more compliance of other statutes.
The Company Secretary acts as aegis of the company in the same way mother acts for her children. Whenever management have threat of non-compliance in the organization, CS serves as shield. First of all, CS ensure that there would be full compliance and if somehow some compliance is not complying in full then CS brings his cushion skills and protects the company from adverse effects of the non-compliance.
Algorithm means a process or set of rules to be followed in calculations or other problem-solving operations, especially by a computer. The CS also acts like algorithm in functioning of his duties. In other words, the CS not only takes decision or assists management in decision making but he takes the responsibility of the same. In almost all the provisions of the Companies Act, 2013, the CS has been deemed primary responsible for all the decisions (taken and not taken) and its consequences or repercussion. “That’s the reason why CS can be called as wheel of the vehicle named as Company.”
Chronicler means a person who writes accounts of important or historical events; the CS doing the exact thing. He writes the minutes, drafts agendas for meetings, assist the Company in preparing any kind of documents which to be presented before any authority. Further, he maintains the records of all past as well as present documents, indenture, papers etc.
Disclaimer: The entire content of this write up is author’s own understanding and personal view.