According to Section 2 (25) of the Companies Act, 2013 –company secretary in practice means a secretary who is deemed to be in practice under sub section (2) of the section 2 of the Company Secretaries Act, 1980.
HOW TO OBTAIN CERTIFICATE OF PRACTICE
A member has to apply for certificate of Practice in FORM D along with a relieving order from the last employer ,if any , together with a requisite fee of Rs 1000/- . In case he or she is unable to submit the copy of relieving order, he may submit a declaration that at present he is not in employment.
RECOGNITION’S SECURED FOR PRACTICING COMPANY SECRETARIES
♦ The Companies Act 2013
a. Section 2(38): To act as an expert in the various matters under Companies Act, 2013.
b. Section 7(1)(b): To provide declaration in the prescribed format at the time of formation of the company ,that all the requirements of this Act and the rules made thereunder in respect in respect of registration and matters precedent or incidental thereto have been complied with
c. Section 204: To conduct secretarial audit and provide secretarial audit report.
d. Section 92(2) : To provide the certificate in form No. MGT-8 .
e. Section 232(7) : To certify the statement which is required to be filed with the required to be filed with the Registrar every year indicating whether the scheme is being complied with an accordance with the orders of the Tribunals or not.
f. Rule 20 of Chapter VII : To act as scrutinizer for e-voting , Poll and Postal Ballot process.
g. Section 432: To appear as legal representative before NCLT or Appellate Tribunal for various matters under Companies Act, 2013.
♦ Limited Liability Partnership Act ,2008
Pre-certification for e-form 2, 3, 4,5,8,11,15 and 18
♦ SEBI (Depositories and Participants ) Regulations ,1996
Regulation 55A :
To issue quarterly certificate with regard to reconciliation of the total issued capital , listed capital and capital held by depositories in dematerialized form, details of changes in share capital during the quarter , and in principle approval obtained by the issuer from all the stock exchanges where it is listed in respect of such further issued capital.
♦ Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations 2015
Regulation 56(d) To issue a half yearly certificate regarding maintenance of hundred percent asset cover in respect of listed non convertible debt securities.
To issue Compliance certificate regarding compliance of conditions of Corporate Governance .To issue certificate certifying that all share certificates have been issued within 30 days of the date of lodgement for transfer ,subdivision , consolidation ,renewal ,exchange or endorsement of calls/allotment monies.
♦ SEBI (Portfolio Managers) Regulations, 1993 : To conduct the internal audit of Portfolio Manager.
♦ SEBI (Stock Brokers and Sub Brokers ) Regulations ,1992 : To appear as authorized representative before the Securities Appellate Tribunal (SAT) under SEBI Act,1992
♦ Goods and Service Tax 2017: To appear as an authorized representative.
♦ Real Estate (Regulation and Development) Act 2016: To appear as an authorized representative
♦ Competition Act, 2002 : To act as authorized representative before the Competition Commission of India and Competition Appellate Tribunal.
♦ Insolvency and Bankruptcy Code 2016: Company Secretary in practice who has passed the Limited Insolvency Examination and has ten years of experience and enrolled as a member of respective institute/Bar Council or a Graduate who has passed the Limited Insolvency Examination, and has fifteen years of experience in management, after he received a Bachelor’s degree from a university established or recognized by law. Company Secretary in Practice who has three years of experience who has passed the prescribed Valuation Examination can act as registered valuer under the code.
♦ Trade Marks Rules 2002: To act as an Trade Mark agent.
♦ Foreign Exchange Management Act, 1999 : To issue certificate with regard to compliance with FEMA Regulation for allotment of Shares under Foreign Direct Investment.
Prohibition to Advertise
No Company Secretary or a firm of Company Secretaries is permitted to advertise the services rendered by them.
Advisory to CS regarding LLP
If the word “CS” or Company Secretary ” or “ Company Secretaries” is used by a LLP as suffix , then a prior No Objection Certificate (NOC) is mandatorily required to be obtained from the ICSI by such proposed LLP.