Information required regarding Work profile of CS in Employment.

[CS Dilip Gaikwad]

Dear Sir/ Madam,

Hello, Good Morning Everyone.

I am a CS and currently engaged in employment in Private Limited company as a Company Secretary. Now I draw you attention on my following queries :-

1) Whether CS in employment can do the following work as like Practicing Company Secretary independently? 

    i) Incorporation of Company  ii) Charge Creation/Modification/Satisfaction iii) Filing Annual Return & Annual Financial Statements, iv)                      Obtaining DIN & Appointment of Director/Removal of Director v) Appointment of Auditors vi) Strike off Company work vii) Issue of Shares          through  Private Placement, Rights Issue and Public Issue viii) Buyback of Securities ix)Winding Up of Company.   

            (ABOVE QUESTION ASKED by DIRECTORS ME TO DO SO SUCH ACTIVITIES) 

2) Our director asked me to perform above mentioned work. Accordingly I have told them, PCS's certification is required for doing the 

    same. Then they have asked me again a question "If we require certification from PCS then Why should we appoint Company 

    Secretary in the company? Why CS in employment has not authority to Certification. Why should we employ a cs as well as PCS both. 

    This is double cost for Company. 

SO I REQUEST ALL OF YOU TO PROVIDE SUCH VALUABLE GUIDANCE CUM  INFORMATION REGARDING "WHETHER CS IN EMPLOYMENT CAN DO ABOVE MENTIONED WORK  WITHOUT GETTING CERTIFICATION OF PRACTICING COMPANY SECRETARY OR NOT?" WHICH WORK CAN BE DONE BY CS IN EMPLOYMENT INDEPENDENTLY?

AND  I ALSO REQUEST YOU FOR PROVIDE GUIDANCE FOR THE QUESTION "WHICH ANSWER I SHOULD GIVE TO THE BOARD OF DIRECTORS OF THE COMPANY. THEY HAVE ASKED FOR VERY URGENT BASIS "

THIS IS MOST URGENT SO I HUMBLE REQUEST FOR PROVIDING GUIDANCE AS EARLY AS POSSIBLE.

KINDLY DO THE NEEDFUL.

THANKS & REGARDS,

CS DILIP GAIKWAD

CELL +91 98902 54654

[Jayashree Chandrasekaran]

Dear Dilip,

I understand your situation

Pls explain to the company that once the threshold limits of capital are crossed appointment of a full time CS becomes mandatory as per the Act and tell them the penal provisions

Certification by a PCS is required for most of the forms and again this has been prescribed by the Act,

You can do all the work and ask a PCS to certify and then you can again upload....this way you will need to pay only for certification fees for the signature.....this will reduce the expenses for the company

I hope I have been of some help to you

Pls do not write in Caps

Jayashree

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C.JAYASHREE
PROPRIETOR
S.GANESH&ASSOCIATES
CHENNAI
98840 17120

[Menaka]

I agree with Jayashree mam.

[ACS suresh chaudhary]

Yes they have to bear the cost of a cs and pcs because:

1. only a pcs can certify the forms because he is independent from the company;

2. Cs in employment will prepare Board resolutions/notice/minutes/registers apart from conducting BM and EGM/AGM

3. cs in employment interact with banks/auditors/pcs for corporate law compliances

4. Companies act 2013 is different from companies act 1956 and non compliance of it can land the directors in a serious trouble because punishment in the form of imprisonment has been incorporated in many sections of the new act. and it is difficult for a company to comply with the new law in the absence of a cs even if a ca is there because they are involved in accounting and taxation work.

5. CS inform the management about the latest laws and their compliances;

6. cs aid in finalization of financial statement by coordinating with company accounting team and the auditor;

7. In addition to secretarial work fresher cs can assist in  taxation/accounting/legal work with the passage of time and with the help of experienced persons in the concerned department;

8. He will register the company as per the law applicable on the company with different govt departments.

9. Labour laws compliances 

10. drafting of documents (Legal and others)

CS is not restricted only to secretarial work,he does more than that.

[Dilip Gaikwad]

Dear Jayashree Madam,

Thanks for providing such valuable suggestion cum guidance.

Regards,

CS DILIP GAIKWAD

Cell No.+91 98902 54654

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[Dilip Gaikwad]

Dear Suresh Sir,

Thanks for providing such valuable suggestion cum guidance.

Regards,

CS DILIP GAIKWAD

Cell No.+91 98902 54654

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