Introduction: The Council of the Institute has unveiled the revised NOC guidelines for the training of Company Secretaries in India. This announcement is poised to make the training process more transparent and streamlined for all stakeholders involved.
Revised NOC Guidelines for Transfer of Training:
1. Training Registration:
- Trainees should register their training in the Institute’s records preferably after the agreement or appointment letter before the training starts.
- Late registrations are allowed up to 30 days post the commencement of training. Failing this will invalidate the training for the delayed period.
2. Probation Period:
- The initial two months of training are seen as a probationary period.
- Trainees can freely transfer during this period with a 7 days’ notice. This training will be counted in the Institute’s records.
3. Transfers After Probation:
- Post-probation, transfers are generally not permissible unless under exceptional cases.
Exceptional Cases for Transfer Include:
- Medical reasons.
- Parent’s transfer to another city.
- Misconduct of a severe nature.
- Trainer’s death or disability.
- Professional trainer misconduct under the Company Secretaries Act.
- And other specific circumstances.
4. Notice Period:
- A trainee has to serve up to a 30-day notice period for any transfer, which can be mutually decided with the trainer.
- Failing to serve this notice, barring specific consensual situations, will render that training period invalid.
5. Method of Intimation:
- Transfers can be intimated through a written letter or email from the trainee to the trainer.
- For any transfers, including exceptional cases, an NOC from the trainer is imperative.
6. Limit on Transfers:
- A maximum of two transfers are allowed during the entire 21-month training period.
7. Educational Documents:
- Trainees aren’t mandated to submit original educational certificates or documents to the trainer.
Effective Date: These revised guidelines are set to replace previous guidelines about NOC and will be enforced from 1st September 2023.
Annexure 12.1: This annexure provides a certificate format for the secondment of training, detailing the trainee’s details, training period, the mutual agreement between the first and second trainer, and the trainee’s endorsement.
Conclusion: These revised guidelines provide a clearer framework for the training process of Company Secretaries in India. All stakeholders, including trainees, trainers, and the Institute, must take due note to ensure a smooth and compliant training journey.
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Company Secretaries of India
25th August, 2O23
Important Announcement
Revised NOC Guidelines for transfer of training
The Council of the Institute has approved the following revised NOC guidelines:
a) Trainees are required to get their training registered in records of the Institute preferably after agreement/appointment letter before commencement of their training. If they fail to do so, they have an option to get it registered within 30 days from the date of commencement of their training.
b) Any delay in training registration with the Institute, which is more than 30 days will not be considered as a valid training and such delayed period shall not be taken in the records of the Institute.
c) The first two months of the training shall be treated as Probation period. A trainee is free to take transfer during the probation period by serving 7 days’ notice period. The Training undergone by the student during probation shall be taken in the records of the Institute.
d) For the remaining period after the probation no transfer shall be allowed. However, in exceptional cases as specified under, transfer may be allowed during this period.
Exceptional cases for transfer:
1. Medical grounds
2. Transfer of any one of the Parents to another city
3. Misconduct involving moral turpitude.
4. Death/disability of trainer.
5. Cancellation/ Ceasing/surrender of COP*
6. Professional misconduct by the trainer under Company Secretaries Act
7. A Company is not operational or the name of the Company is removed from the register of Companies by ROC or the Company is dissolved.
8. Removal of name of the trainer from the members register of the Institute*.
9. Marriage basis (for female trainees) only if there is reallocation to another city involving distance of 50 kms or more from the current professional address of the Trainer.
10. Irregular/non-payment of stipends continuously for 3 months.
11. Shifting of trainer to another city involving distance more than 50 kms from current address of trainee.
12. Secondment of trainees: A trainer, with the consent of the trainee, may depute the later for training for a period not exceeding six months to a member/organization/other entities eligible to engage and train a trainee as per the Institute’s guidelines. Students have to submit the request for secondment as per the Institute prescribed format (Annexure 12.1)
13. Voluntary/Mutual NoC: Upon mutual agreement by Trainer and Trainee’
(*A trainer is expected to intimate Cancellation/ Ceasing/ surrender of COP or Removal of his/her name from the members register of the Institute to the trainee immediately. Any failure may be considered as a Professional misconduct by the trainer under Company Secretaries Act.)
In order to avail transfer under the above exceptional cases a trainee has to submit the evidence to the satisfaction of the trainer/institute.
e) To avail any transfer, a trainee has to serve a Notice period of upto 30 days as mutually agreed between the trainee and the trainer.
f) If a trainee fails to serve the notice period as specified in the above clauses (a and c), such period of training shall not be considered by the Institute, except in the cases it is done with the consent of the Trainer and the Trainer has issued an NOC in this regard.
g) A trainee may intimate the trainer about the transfer of training by writing letter (duly acknowledged by the trainer or by his official representative) or through an email from his recognized email id to the official email id of the trainer. To avail transfer (including exceptional cases) a trainee has to submit NOC from the trainer.
h) In no case more than 02 transfers are allowed during the entire training period of 21 months.
i) A trainee is not required to submit any original educational certificate/documents to the Trainer.
These guidelines shall supersede all earlier guidelines w.r.t. NOC and shall be effective from 1st September, 2023.
All concerned may take note of the same
A. K Srivastava
Joint Secretary
Annexure: 12.1
CERTIFICATE OF SECONDMENT OF TRAINING/DEPUTATION OF TRAINING
I___________________________________________________ of______________________ (herein after referred as First Trainer) do hereby certify that Shri Mr./ Ms. ______________________________ is serving as a Company Secretaryship apprenticeship trainee under me in accordance with the Company Secretaries Regulations, 1982, for a period of ___________ month and____________ days from_________________ to on whole time basis and his progress was
satisfactory and that to the best of my knowledge, he bears a good moral character. I further certify that during the above-mentioned period the apprenticeship trainee was given leave for______________ days.
By mutual consent and with effect from __________________ Shri Mr./_ Ms. ____________________________ (trainee) is deputed to undergo training with _____________________ (herein after referred as Second Trainer) bearing ACS/FCS _____________________ for a period of____________ months (not exceeding 6 months as per Institute’s guidelines) from_______________ to________________
Place :
Date :
| Signature
First trainer Name: A/FCS no. CP No |
Signature
Second trainer Name: A/FCS no CP No |
I __________________ have agreed for deputation of my training under Shri Mr./Ms. _____________________________ with effect from ____________________ at my own free will and endorse the contents of this certificate :
Place :
Signature of Apprenticeship Trainee
Date :
Regn. No. ______________
