The Institute of Company Secretaries of India (ICSI) has formally requested the Ministry of Corporate Affairs (MCA) to amend the Companies Act, 2013, specifically Form DIR-6. The proposed change aims to allow Company Secretaries to file particulars of changes such as name, contact details, and more.
The Current Regulatory Framework
As per rule 12(1) of the Companies (Appointment and Qualification of Directors) Rules, 2014, individuals with a Director Identification Number (DIN) must report any changes in their particulars within 30 days through Form DIR-6. These particulars range from name and address to educational qualifications and IDs like PAN Card, Aadhaar Card, etc.
The Issue at Hand
Since Company Secretaries are not required to have a DIN for their role, they face a predicament when changes in their particulars occur, such as changes in name due to marriage or updated contact details. Currently, there is no allocated form for them to communicate such changes.
ICSI’s Proposal
ICSI has suggested modifying Form DIR-6 to include provisions for Company Secretaries to report changes in their particulars. This proposed modification aims to resolve the challenges faced by these professionals in updating their details.
Benefits of the Proposal
Adopting this modification would harmonize the reporting mechanism, allowing Company Secretaries to update their details in a streamlined manner. It would strengthen the governance framework by ensuring accurate and up-to-date information is maintained for all corporate professionals.
Conclusion
ICSI’s submission to the MCA seeks to simplify and clarify the procedure for Company Secretaries to update their particulars. By including them in Form DIR-6, the Institute aims to solve a problem that many professionals face. If adopted, this change will not only benefit Company Secretaries but also improve the overall governance framework.
******
THE INSTITUTE OF
Company Secretaries of India
IN PURSUIT OF PROFESSIONAL EXCELLENCE
Statutory body under an Act of Parliament
(Under the jurisdiction of Ministry of Corporate Affairs)
CL: MCA: 2023 Dated: August 24, 2023
Shri Manoj Govil, IAS
Secretary
Ministry of Corporate Affairs
Government of India
Shastri Bhawan
New Delhi -110001
Subject: Request to allow Company Secretaries to file particulars of changes
Reference: ICSI Letter dated January 17, 2023
Respected Sir,
As you are kindly aware, the Institute of Company Secretaries of India constantly endeavours to act as a liaison between the Government, Regulatory Authorities and the various stakeholders. The intent being to strengthen the governance framework while providing comfortable work space to the corporates and the professionals.
This has reference to our letter dated January 17, 2023 pertaining to issues and challenges being faced by Company Secretaries in the course of their employment with the companies. The Companies Act, 2013 has provided through rule 12(1) of the Companies {Appointment and Qualification of Directors) Rules, 2014 that every individual who has been allotted a Director Identification Number shall, in the event of any change in his particulars as stated in Form DIR-3, intimate such changes) to the Central Government within a period of thirty days of such change(s) in Form DIR-6.
These particulars include: Name, Address (Permanent/ Correspondence address), Date of Birth, E-Mail ID or phone number, father’s Name, Nationality, Occupation Type, Educational Qualification, PAN Card, Voter ID Card, Passport, Aadhaar Card or other proof, Residential Status, Photograph of Director, Gender, etc.
Since, Company Secretaries do not require a DIN for their employment, any change in their particulars, post-employment, vis-à-vis, Changes in Name on account of marriage leading to change in PAN Card, Aadhaar Card, Passport; Changes in E-mail ID, Phone Number, etc. cannot be communicated since no form has been allocated for the purpose.
Submission
In view of the same and the challenges being faced by the professionals, it is submitted that Form DIR-6 he modified to include the provision for intimation of changes in particulars by Company Secretaries as well.
We hope that the above submission would be considered favorably.
We shall be pleased to provide any further information in this regard on hearing from your goodself.
Thanking You,
Yours faithfully,
(CS Manish Gupta)
President
The institute of Company Secretaries of India
