The Institute of Company Secretaries of India (ICSI) is a professional body that was constituted under the Company Secretaries Act, 1980. It is responsible for regulating and promoting the profession of Company Secretaries in India. The ICSI operates under the jurisdiction of the Ministry of Corporate Affairs, Government of India.
Notification Date: 26th July 2023
The ICSI has proposed Draft Company Secretaries (Amendment) Regulations, 2023 to amend the Company Secretaries Regulations, 1982. These draft regulations have been published for public information and feedback, as required by the Company Secretaries Act, 1980. The proposed amendments aim to address various aspects of the functioning and regulation of Company Secretaries in India.
Key Amendments Proposed:
1. Register of Members: The draft regulations propose changes to Regulation 3, which deals with the Register of Members. The members are required to maintain their details in the appropriate Form referred to in Schedule ‘A.’ Additionally, any change in member details must be communicated to the Institute within thirty days of such change.
2. Grant or Refusal of Certificate of Practice: Regulation 10 is being amended to specify the process for granting or refusing a Certificate of Practice to Company Secretaries. The Council will issue the Certificate of Practice after successful completion of the Orientation Programme. An application for the certificate must be made in the appropriate Form and accompanied by the necessary fees. The Council may refuse to grant the Certificate of Practice under certain circumstances.
3. Panel of Persons for Nomination to Disciplinary Bodies: A new Regulation 15AA is proposed to be inserted, requiring the Council to prepare and provide Panels of persons for nomination to the Board of Discipline and Disciplinary Committee, constituted under the Act. The eligibility criteria for these nominations are laid down, and due regard shall be given to officers retired from specified services and persons of eminence in relevant fields.
4. Allowances for Presiding Officer and Members of Disciplinary Bodies: Regulation 15AB suggests the eligibility of the Presiding Officer and members of Disciplinary Bodies for daily allowances, reimbursement of expenses, and sitting fees, subject to specific conditions.
5. Status of Actionable Information and Complaints in Public Domain: A new Regulation 15AC mandates the Institute to provide regular updates on the status of actionable information and complaints pending before the Disciplinary Directorate, Board of Discipline, and Disciplinary Committee. The status shall be made available on the Institute’s website.
6. Amendments to Various Regulations: The proposed amendments also include changes to regulations regarding auditors, election disputes, powers and duties of office bearers, registration of firms, and more.
Public Participation:
Any individual or entity affected by the proposed draft regulations may submit their objections or suggestions to the Secretary of the Institute of Company Secretaries of India within the specified period. The Council will consider the received objections or suggestions before finalizing the regulations.
These draft regulations are subject to approval by the Central Government, and upon their final publication in the Gazette of India, they will come into force.
THE INSTITUTE OF COMPANY SECRETARIES OF INDIA
(Constituted under the Company Secretaries Act, 1980)
NOTIFICATION
New Delhi, the 26th July 2023
No. 710/1(M)/3.— The following draft of certain regulations, further to amend the Company Secretaries Regulations, 1982, which the Council of the Institute of Company Secretaries of India proposes to make, in exercise of the powers conferred by sub-section (1) of section 39 of the Company Secretaries Act, 1980 (56 of 1980), and with the prior approval of the Central Government, is hereby published, as required by sub section (3) of section 39 of the said Act, for information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after expiry of the period of thirty days from the date on which copies of the Official Gazette containing this notification are made available to the public;
Objection or suggestion in respect of the said draft regulations, may be addressed to the Secretary, the Institute of Company Secretaries of India, ICSI House, 22, Institutional Area, Lodi Road, New Delhi 110003;
The objection or suggestion, which may be received from any person with respect to the said draft regulations before the expiry of the period so specified, shall be considered by the Council.
DRAFT REGULATIONS
1. (1) These regulations may be called the Company Secretaries (Amendment) Regulations, 2023.
(2) They shall come into force on the date of their final publication in the Gazette of India.
2. In the Company Secretaries Regulations, 1982 (hereinafter referred as regulations),-
(i) For Regulation 3, the following shall be substituted, namely:
“3. Register of Members. –
(1) The Register of Members shall be maintained in the appropriate Form referred to in Schedule ‘A.
(2) The member shall communicate to the Institute any change of his details entered in the Register, within thirty days of such change.”
(ii) For Regulation 10, the following shall be substituted, namely:
“10. Grant or refusal of Certificate of Practice
(1) A member, after successful completion of Orientation Programme in such manner and mode as may be determined by the Council, may apply to the Council for a certificate entitling him to practise as a Company Secretary.
(2) An application for the grant of certificate of practice shall be made in the appropriate Form and shall be accompanied by the annual certificate fee and the annual membership fee unless the same has already been paid in accordance with Regulation 6.
(3) The Institute may issue the Certificate of Practice in the appropriate Form which shall be valid until it is cancelled under the provisions of these Regulations.
(4) On his ceasing to be in practice, a member shall inform the Council as soon as may be, but in any case, not later than one month from the day he ceases to practice.
(5) The Council may refuse to grant Certificate of Practice to a Member, if the particulars furnished in prescribed form for applying Certificate of Practice are found to be incomplete, incorrect or false or the member is not eligible to obtain such certificate under other provisions of the Act.”
(iii) After Regulation 15A, the following regulation shall be inserted, namely:
“[15AA. Panel of persons for nomination to the Board of Discipline and Disciplinary Committee constituted under Section 21A and Section 21B of the Act
(1) The Council shall prepare and provide to the Central Government, Panel(s) of persons for nomination of the Presiding Officer and other members of the Board of Discipline and the Disciplinary Committee to be constituted as per the eligibility criteria laid down under clause (a) i.e. persons with experience in law and having knowledge of disciplinary matters and the profession and (b) i.e. persons of eminence having experience in the field of law, economics, business, finance or accountancy, of sub-section (1) of section 21A and 21B of the Act.
Due regard shall be given to Officers retired from Indian Revenue Service, Indian Corporate Law Service, Indian Audit and Accounts Service, Indian Defence Accounts Service, Indian Civil Accounts Service, Indian P&T Accounts & Finance Service, Indian Railway Accounts Service, Director (Finance) of PSUs, Officers of Central/State Govts. as may be notified by Central Government, having 20 years of Group “A’ service experience, Retired High Court Judge, Retired District Judge including Addl. District Judge with minimum five years of experience as District Judge or Addl. District Judge, for inclusion in the panel prepared by the Search Committee of the Council.
(2) For the purpose of preparing the Panel(s) for Presiding Officer and members to be nominated by the Central Government to the Board of Discipline and the Disciplinary Committee under clause (a) and (b) of sub-section (1) of section 21A and 21B of the Act, the Council may:-
(i) constitute a Search-cum-Selection Committee (hereinafter referred to as the Search Committee) consisting of President, Vice President, a Council Member to be nominated by the President and two Govt. Nominated Members of the Council to be nominated by the Central Government. The President of the Council shall be the Chairperson of the Search Committee.
(ii) Secretary of the Institute shall be the Secretary to this Search Committee.
(3) Search Committee for the purpose of clause (a) and (b) of sub-section (1) of section 21A and 21B of the Act, shall invite applications, scrutinize the applications received and prepare a panel for consideration of the Council:
Provided that in such panel, the Search Committee at its own may also include the names of persons of appropriate standing and having qualification as per clause (a) and (b) of subsection (1) of section 21A and 21B of the Act.
Provided further that no person holding membership of the Institute anytime immediately preceding two years from date of request for empanelment or who has been a member of the current Council or the immediate previous Council, shall be eligible for empanelment in the category of persons mentioned under clause (a) and (b) of sub-section (1) of section 21A and 21B of the Act.
(4) The Search Committee, for the purpose of inviting, scrutiny of applications, preparation of panel for approval of the Council and identifying other persons for inclusion in the Panel shall decide its own procedure.
(5) The decision of the Search Committee shall be unanimous.
(6) The Panel so prepared shall be updated at such interval as may be decided by the Council.
(7) For nomination of members by the Council to the Board of Discipline and the Disciplinary Committee under clause (c) of sub-section (1) of Section 21A and of Section 21B, the member so nominated shall be a member of the Institute. However, the member so nominated in the BoD/DC shall not be eligible to contest election for a period of -4 years after he/she ceases to be member of Board of Discipline/Disciplinary Committee.
(8) The Panel to be provided by the Council to the Central Government shall include at least five names for each vacancy ordinarily.
(9) Presiding Officer or member(s) who have been nominated by the Central Government or member(s) nominated by the Council to Board of Discipline or Disciplinary Committee, shall hold office for period of two years and shall be eligible for being considered for one more term of two years
(10) No person shall be eligible for inclusion of his name in the panel, if he suffers from any of the following disabilities: –
(a) he is of unsound mind and stands so declared by a competent court; or
(b) he is an undischarged insolvent; or
(c) he has applied to be adjudicated as an insolvent and his application is pending; or
(d) he has been convicted by a Court of an offence, whether involving moral turpitude or otherwise; or
(e) an order disqualifying him from holding any post has been passed by a Court or tribunal or
(f) an order under Section 21(A) or 21(B) of the Chartered Accountants Act, 1949 or the Cost and Works Accountants Act, 1959 or the Company Secretaries Act, 1980 has been passed imposing any punishment by the Board of Discipline or the Disciplinary Committee, as the case may be.”
(iv) After Regulation 15AA, the following shall be inserted, namely:
“[15AB – Allowances payable to the Presiding Officer and members of the Board of Discipline and Disciplinary Committee constituted under Section 21A and Section 21B of the Act.
(1) The Presiding Officer and the Members of the Boards of Discipline and the Disciplinary Committees shall be eligible for daily allowances and reimbursement of expenses of travelling, lodging and local conveyance for attending the meeting and related functions of the Board or the Committee, as the case may be, as follows: –
A. Reimbursement of Travelling expenses shall be as admissible to the Vice President of the Council.
B. Daily allowance and reimbursement of lodging expenses shall be as admissible to the Vice President of the Council.
C. Local Conveyance
The local conveyance shall be provided by the office and in case the same is not provided, they will be reimbursed as per actuals not exceeding the rates admissible to the Vice President of the Council.
In addition to the allowances at sub-regulation (1), the Presiding Officers and the members of the Boards of Discipline, Disciplinary Committees, shall also be eligible for sitting fees @ Rupees Twenty thousand and Rupees Eighteen thousand respectively for each day, subject to a maximum of Rs. 2,00,000/- in a calendar month or as modified by Central Government from time to time.”
(v) After Regulation 15AB, the following shall be inserted, namely: “[15AC-Status of actionable information and complaints in public domain
(1) The status of actionable information and complaints pending before the Disciplinary Directorate, the Board and the Committee shall be made available on the website of the Institute and shall be updated every month.
(2) The status of such pending information and complaints shall contain the following details: –
(i) Total number of actionable information and complaints pending.
(ii) Number of cases which are pending for investigation before the Directorate prior to the stage of preliminary examination report.
(iii) Break up of cases where Preliminary Examination Report has been submitted by Director (Discipline) to the–
a. Board of Discipline
b. Disciplinary Committee
(iv) Break-up of cases pending for hearing (including recalled hearings, if any) before the–
a. Board of Discipline
b. Disciplinary Committee
(v) Break up of cases where hearing has been concluded but findings have been kept reserved by the:
a. Board of Discipline
b. Disciplinary Committee.
(vi) Break-up of cases where findings have been issued but punishments are yet to be awarded by the –
a. Board of Discipline.
b. Disciplinary Committee.
(vii) Break-up of cases in which punishments have been awarded by the –
a. Board of Discipline.
b. Disciplinary Committee.
(viii) Break-up of appeal cases filed before Appellate Authority with statistics of
a. Appeals allowed,
b. Partly allowed,
c. Dismissed.
(3) Disposal Statistics to also include break-up of disposal i.e.; number of cases in which penalty of reprimand, removal from the register, fine or both removal from the register and fine, have been awarded.
(4) Information in the following format shall also be displayed on the website of the Institute and will be updated every month. This information shall be prepared for all firms/ CSs whose cases are either pending at the beginning of the financial year (before BoD/DC/Appellate Authority/Court) or in whose case, the PER has been filed during the financial year:
Financial Year _____ Updated upto month _____
1. Sl. No.
2. Name of the Firm
3. PER filed on
4. Status at BoD/DC – Pending/ Decided
5. Final Decision of BoD/DC – Not Guility/Guilty under Section__/Schedule__/Guidelines __
6. Decision in Higher Forum – No case filed in Higher Forum/ Case filed before ____ a/w Status
(5) The final Order passed by the Board of Discipline under sub-section (5) and (6) of Section 21A and by the Disciplinary Committee under sub-section (5) and (6) of Section 21B of the Act shall be made available on the website of the Institute in respect of each case after the same is communicated to the parties concerned.”
(vi) In Regulation 46AB, after the clause 1 (b), clause (c) shall be inserted, namely: –
“(c) completed learning credit hours for such duration and in such manner as may be determined by the Council by laying down guidelines in this regard time to time.”
(vii) After Regulation 114, regulation 114A shall be inserted, namely: – “[114A- Disputes regarding election of office bearers to the Regional Council
Where any dispute arises regarding any election under Regulation 119 to a Regional Council, the matter may be referred by the aggrieved member of the Regional Council within thirty days from the date of the declaration of the result of the election, to the President and the decision of the President shall be final.”
(viii) In the said regulations, in regulation 115,-
(a) In sub-regulation (1),
(i) for the word “Six” the word “Seven” shall be substituted.
(ii) for the words “such minimum number of members as may be decided by the Council for each election” the words “seven and half percent of the eligible voters or 1000 voters, whichever is less, in such Regional Constituency” shall be substituted.
(b) In sub-regulation (2),
(i) for the word “twenty one” the word “fifteen” shall be substituted.
(c) In sub-regulation (3),
(i) After the words “Regulation 111, may” the words “at its first meeting” shall be omitted.
(ix) In the said regulations, for regulation 152 the following shall be substituted, namely:-“152- Appointment of auditors
(1) The Council shall appoint a firm of chartered accountants as auditor every year in accordance with the provisions of sub-section (5) of Section 18 of the Act.
(2) The auditors once appointed by Council shall be eligible for re-appointment for two more consecutive years provided if the Council wants to change such appointment, they shall seek the consent of C&AG and appoint another auditor from the panel of auditors maintained by C&AG.”
(x) In the said regulations, for regulation 153 the following shall be substituted, namely:-
“153. Auditor’s remuneration.-
The Council shall determine the remuneration, if any, to be paid to the auditors.”
(xi) In the said regulations, for regulation 154 the following shall be substituted, namely:-
“154. Casual vacancy in the office of auditors. –
If any vacancy occurs in the office of an auditor the same shall be filled up from the fresh panel of auditors maintained by C&AG.”
(xii) In the said regulations, for regulation 156 the following shall be substituted, namely:-“156. Powers and duties of the President –
(1) The President shall exercise such powers and perform such duties as are specified by the Act and as may be delegated by the Council (except for approval related to Budget, Audited Annual Financial Accounts, powers to make regulations, guidelines and procedures) or its Standing Committees from time to time.
(2) The President may direct any business to be brought before the Council or any Standing Committee for consideration.”
(xiii) In the said regulations, after regulation 156 the regulation 156A shall be inserted, namely: — “156A Powers and duties of the Vice-President
The Vice-President shall exercise such powers and perform such duties as are specified by the Act and as may be delegated by the Council or its Standing Committees from time to time.”
(xiv) In the said regulations, for regulation 157 the following shall be substituted, namely:-“157. Powers, duties and functions of the Secretary Subject to the overall control, guidance and supervision of the Council, the Secretary shall execute the following functions:
(a) being in charge of the office of the Institute as its Chief Executive Officer;
(b) maintaining registers, documents and forms as required by the Act and these regulations;
(c) being incharge of all the property of the Institute;
(d) making necessary arrangements for receiving moneys due to the Council and also issuing receipts therefor;
(e) incurring revenue and capital expenditure within the limits sanctioned by the Council or its Committees;
(f) causing proper accounts to be maintained and delivering of account books, information etc. to the auditors appointed by the Council for the purpose of audit of accounts of the Institute;
(g) making all other payments as sanctioned by the Council or its Committees;
(h) paying salary and allowances to the staff, granting of leave etc. to them, and other perks to them, and sanctioning their increments in accordance with the regulations;
(i) exercising disciplinary control over the officers and employees except dismissal in respect of which the sanction of the Council shall be necessary;
(j) refunding or transferring fees received under these Regulations for the examinations;
(k) recognising practical experience, sponsoring candidates for practical training, granting exemption from practical training requirements as may be delegated by the Council and the Committees concerned from time to time;
(l) signing and issuing all communications, guidelines, circulars, orders, decisions and notifications on behalf of the Council;
(m) taking necessary steps in matters of any civil or criminal or other proceeding on behalf of the Institute in courts or forums or judicial or quasi-judicial authorities and signing vakalatnamas on behalf of the Council, appointing solicitors or advocates on behalf of the Council, and filing papers in Courts, etc. on behalf of the Council, within the financial and administrative powers as may be approved by the Council or its committees from time to time;
(n) signing and execution of agreements, contracts, deeds, documents and undertaking, etc., on behalf of the Institute within the financial and administrative powers as may be approved by the Council or its committees from time to time.
(o) performing such other duties and functions as are incidental and ancillary to and may be required for the performance of the above duties and exercising such other powers as may be delegated by the Council.
(p) authorizing any officer or officers of the Institute to exercise or discharge any powers or duties under items (b), (d), (e), (f), (g), (j) & (k) as may be considered necessary from time to time.”
(xv) In the said regulations, for regulation 161 the following shall be substituted, namely:-“161. List of members
(1) The list of members of the Institute as on the 1st day of April each year shall be published region-wise, under sub-section (3) of section 19 of the Act and shall be made available at the website of the Institute. Physical copy shall be made available to member(s) on request, for sale at such price as may be fixed by the Council from time to time.
(2) The list of Members may contain the following details of members:
(i) Name – Member’s Name as per records of the Institute.
(ii) Gender – Male, Female and Others
(iii) Qualification –Member’s qualification as per records of the Institute
(iv) Membership No. –
(v) Whether Associate or Fellow
(vi) Year of enrolment as Associate or Fellow
(vii) Whether holding Certificate of Practice
(viii) Professional Address (refer Regulation 167)
(ix) Members residing abroad – Member’s Region and residential address in India.
(x) Details of pendency of any actionable information or complaint against it under Chapter V of the Act.
(xii) Details of imposition of any penalty against it under Chapter V of the Act.”
(xvi) In the said regulations, for regulation 165 the following shall be substituted, namely:-
“165 Manner of registration of firm and terms and conditions
(1) A company secretary in practice or a firm of such company secretaries orMulti-Disciplinary Partnership firm of CSs, shall, before commencement of practice in a trade name or firm name, apply to the Council in the form approved by the Council for permission to use a trade or a firm name as per the guidelines issued by the Council from time to time.
(2) For permission to use the existing trade or firm name or modification in trade or firm name, all the existing firms within 30 days from the date of commencement of these regulations, shall apply to the Council which may allow use of the existing trade/firm name or any modification in the name of the existing Firm as per the guidelines issued under sub-regulation (1) above.
(3) The Council may, refuse to approve a particular trade or firm name if
(i) the name of such firm is identical or similar to the name of any other firm already registered as per the records of the Institute; or
(ii) the name is in use by any firm within or outside India; or
(iii) If it bears the name of a god/goddess/deity and which has no relationship with the name of member(s); or
(iv) if the trade/firm name is descriptive; or
(v) if the trade/firm name smacks of publicity; or
(vi) if such name, in the opinion of the Council is undesirable; or
(vii) if in the opinion of the Council, the registration of the firm is undesirable.
(4) The firm of company secretaries shall within one month of the approval of the trade or firm name, or commencement of practice or change in the constitution or change in particulars of the firm or office, as the case may be, inform the Council of such particulars regarding his office, firm and changes as the case may be, in the appropriate Form.
(5) Where the same trade or firm name has been registered in the past in the register of firms in the case of two or more members or firms, the Council may direct the member or the firm, as the case may be, other than one whose name was registered first in the register of firms, to alter the name in such manner as the Council may consider appropriate and member or firm inform to the Council of such alteration within six months of the issue of the direction.
(6) The Council may recall, within one year, any Firm or trade name already registered and may direct to apply for a change in the name within six months from the issuance of directions of the Council, in case it finds the name earlier approved was not in accordance with the guidelines as per above sub-Regulation (1) which were in force at the time of approval of firm / trade name.
(6A) The Council may recall, within one year of registration of any firm, such registration in case it finds that the registration is undesirable;
(7) No member shall practice under a trade or firm name in respect of which a direction has been issued under sub-regulation (5) & (6) after the expiry of six months from the date of issue of the direction and the Council shall remove the name of such firm from the register of firms.
(8) The Council may, in its discretion, condone the delay in filing the particulars under sub-regulation (4) in appropriate cases.”
(xvii) In the said regulations, for regulation 165A the following shall be substituted, namely:-
“165A-Register of Firms
(1) The Council shall maintain a register of firms in appropriate form in Schedule A in Part-III and shall enter therein the following details-
(i) particulars which are furnished by the firm under Regulation 165.
(ii) details of pendency of any actionable information or complaint, against the Firm under Chapter V of the Act.
(iii) details of imposition of any penalty against the Firm under Chapter V of the Act.
(iv) details of pendency of any legal proceedings related to penalty in the Appellate Authority or before any Court;
(v) In respect of clauses (ii), (iii) and (iv) above, the entry in the Register shall beupdated within 60 days.
(2) The Council shall remove the name of a firm from the Register of Firms which is subject to any of the disabilities under section 20C of the Act.”
(xviii) In the said regulations, the following shall be inserted, namely:-
“165B List of Firms
(1) The List of Firms of the Institute as on the 1st day of April each year shall be published region-wise and shall be made available at the website of the Institute. Physical copy of the list of firms may be provided to such member or firm from which a request has been received at such price as may be fixed by the Council from time to time.
(2) The list of Firms shall be in two segments i.e., proprietorship firms and partnership firms (including Limited Liability Partnership) and may contain the following details of firms:-
(a) In the case of Proprietorship Firms
(i) Firm Name
(ii) Firm Registration Number
(iii) Proprietor Name (Member)
(iv) Membership No.
(v) COP Status of the Member
(vi) Firm Complete address
(vii) Member’s Association in any other Firm
(viii) details of pendency of any actionable information or complaint against it under Chapter V of the Act.
(ix) details of imposition of any penalty against it under Chapter V of the Act.
(x) Any other particulars as may be decided by the Council from time to time.
(b) in the case of Partnership Firms
(i) Firm Name
(ii) Firm Registration Number
(iii) Partner Names
(iv) Membership No. of partners
(v) Partners COP Status
(vi) Partners’ Association in any other Firm
(ix) Address of head office
(vii) Number of Branch(es)
(viii) Address of Branch Office(s)
(ix) details of pendency of any actionable information or complaint against it under Chapter V of the Act.
(x) details of imposition of any penalty against it under Chapter V of the Act. Any other particulars as may be decided by the Council from time to time.”
(xix) In the said regulations, Schedule A shall be substituted, namely:—
“SCHEDULE A
PROFORMA
(See Reg. 3)
Register of Members
1. Particulars of membership
(a) ACS No. and Date of entry in the Register
(b) FCS No. and Date of admission as Fellow
2. Name in full……………………………………………………………………
3. Date of birth…………………………………………………………………..
4. Gender-: Male/Female/Others
5. (a) Nationality……………………………………………………………….
(b) Domicile…………………………………………………………………..
6. Qualification………………………………………………………………….
7. Address…………………………………………………………………………..
(a) Professional………………………………………………………….
(b) Residential……………………………………………………………
8[(c) Mobile No………………………………………………………………
(d) Tel. No. …………………………………………………………………..
(e) Email id. ………………………………………………………………….. ]
9. Whether the member holds a certificate of practice
10. Particulars of practice as Company Secretary………
(a) Certificate to Practice No……………………………………
(b) Date of effect………………………………………………………..
(c) Whether practicing independently, in partnership, or employed in a firm of Company Secretaries in practice
11. Whether holding a salaried employment, if not in practice ……………………………………………………………
12. Change of address, if any………………………………………
13. Particulars of fees received ……………………………………
14. The details of actionable complaint or information pending or any penalty has been imposed against him under Chapter V in the tabular form as indicated below:
Details of actionable complaints/information against the member :-
|
Complaint/ Information Reference No. |
If complaint/ Information actionable | Details of information or complaint pending for inquiry before the Board of Discipline or the Disciplinary Committee |
If found guilty of professional or other misconduct by the Board of Discipline or the Disciplinary Committee after the inquiry, details of penalty imposed along with Order Number | If not found guilty of professional or other misconduct by BoD or DC, the details thereof along with Order Number | If penalty imposed, details of case filed before the Appellate Authority/Higher Court, if any . |
| (1) | (2) | (3) | (4) | (5) | (6) |
15. Remarks………………………………………………………………….. ”
(xx) In the said regulations, in Part III the following form shall be inserted, namely:-
“ Form ‘A’
(See Regulation 165A read with Section 20B of the Act)
Register of Firms of The Institute of Company Secretaries of India
1. Firm Registration Number
2. Firm Name
3. Date of Constitution
4. Type of Firm – Proprietary/Partnership/LLP/MDP
5. Date of approval of Firm Name
6. Address of the Head Office
7. Details of Partners (Along with their date of joining and leaving)
8. Branch office(s) of the firm- along with their address, date of opening, closure and in-charge details
9. Second Office(s) of the Firm
10. Details of Paid Assistants along with their date of joining and leaving
11. PAN of the Firm
12. GSTIN of the firm
13. Contact Number and email ID of the firm and Partners
14. Details of Merger and Demerger along with dates and firm numbers
15. Other association of the partners
16. Details of Network of the Firm
17. Details of dispute among the partners, if any.
18. Whether any actionable information or complaint is pending or penalty imposed, if any, against the firm under Chapter V in the tabular form as indicated below:
|
Complaint/ Information Reference No. |
If complaint/ Information Actionable | Details of information or complaint pending for inquiry before the Board of Discipline or the Disciplinary Committee |
If found guilty of professional or other misconduct by the Board of Discipline or the Disciplinary Committee after the inquiry, details of penalty imposed along with Order Number |
If not found guilty of professional or other misconduct by BoD or DC, the details thereof along with Order Number | If penalty imposed, details of case filed before the Appellate Authority/ Higher Court, if any. |
| (1) | (2) | (3) | (4) | (5) | (6) |
Separate row to be used for each complint/ information
19. Remarks…………………………………………………………………….. ”
By Order of the Council,
ASISH MOHAN, Secy.
[ADVT.-III/4/Exty./307/2023-24]
Note: The principal regulations were published in the Gazette of India vide Notification ICSI No.710/2 (1), dated the 16th September, 1982 and subsequently amended vide:
(i) Notification No. ICSI/710/2/M(1) dated the 30th March, 1984;
(ii) Notification No. ICSI/710/2/M(1) dated the 3rd May, 1984;
(iii) Notification No. 710:2:(M)(1) dated the 30th December, 1985;
(iv) Notification No. 710(2)(M)(1) dated the 23rd February, 1987;
(v) Notification No. 710(2)(M)(1) dated the 9th March, 1987;
(vi) Notification No. ICSI/710(2)(M)(2) dated the 22nd August, 1988;
(vii) Notification No. 710(2)(M)(2) dated the 23rd August, 1988;
(viii) Notification No. 710/1(M)/1/18 dated the 20th August, 1993 and 24th November, 1993;
(ix) Notification No.710/1(M)/17 dated the 21st February, 1995;
(x) Notification No.710/1(M)/20 dated the 28th November, 1996;
(xi) Notification No. ICSI/710/2/M/26 dated the 10th August, 2001;
(xii) Notification No.710/1(M)/1 dated the 4th May, 2006;
(xiii) Notification No.710/1/(M)/1dated the 26th June, 2006;
(xiv) Notification No.531:legal:710/1(M)/1 dated the 26th July, 2010;
(xv) Notification No.710/1(M)/2 dated the 4th June, 2012;
(xvi) Notification No.710/1(M)/1 dated the 1st April, 2014;
(xvii) Notification No.710/1(M)/1 dated the 3rd February, 2020.
(xviii) Notification No. 710/1(M)/2 dated the 3rd April, 2023
