Company Secretary with LLB- Reg

[R V SECKAR]

Dear friends,

A company secretary after passing his LLB has been re-designated as " Company Secretary cum Law Officer". Whether he can register his LLB with bar council and represent the company as legal counsel ( FOR THAT COMPANY ONLY)  and act also company secretary for the company. Is there any specific rules or circular in this regard from the Institute of Company Secretaries or Bar Council. If so , please forward me .

Regards

R.V.Seckar

[RAJESH]

Dear Mr. Seckar,   You cannot be a member in both the Professional Body.  He will have to surrender one of the Certificates.  He can't even represent his Company in a Court of Law, if he is registered as a Company Secretary.    Rgds, Rajesh --- On Tue, 9/2/10, R V SECKAR <rvsek...@gmail.com> wrote:

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[Vijay Shyam Acharya K]

Yes. There is no provision in Bar Council Rules to recognize a person as legal counsel for a particular company only. Once registered with Bar Council & fulfilling other requirements, he is an Advocate entitled to practice. Such an Advocate can continue to remain member of the ICSI & use ACS/ FCS to indicate qualification, but can’t be CS in a company on employment. Of course, it is a different matter that many are not strictly complying with this.

 

Regards,

Shyam

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[Vedavathy Kabadi]

I agree to the members views.

 

I would also like to tell that, Once a Law graduate applies to the Bar council membership, the member is deemed to be an advocate irrespective of he/she practicing law or not.

 

And with such Bar council membership, a candidate having CS membership can use it only as a qualification and cannot be employed as a Company Secretary.

 

Thanks

Veda

[Prabha MJ]

The Bar Council lays down a rule that a person having a bar council membership (An Advocate) cannot hold an employment in the Government, to take up such an employment one has to surrender the membership.  It prohibits earning income other then as an advocate.  It doesn't stop any person form getting qualified.  

 

As such any professional body be it ICSI, ICAI, Bar council , etc doesn't allow a person to have certificate of practice of more than one body at a time and/or practice more than one profession at a time.  A person can be a member (which is obtained by qualifying the exams) of ICSI, ICAI, etc but cannot have certificate of practice of more than one body. As in our case, one cannot be a company secretary as well as advocate of a company.  But a Company secretary can represent the company as such in tribunals and need not as an Advocate..

Regards
Prabha

[csarengarajan]

If you are having dual qualification then you can choose to practice any one of the  profession. Cs employment/practice or  advooate.

 

Regards

--
csarengarajan
Company Secretary, Chennai
email csaren...@gmail.com
mobile 093810 11200
SHARING KNOWLEDGE SKY IS THE LIMIT

[Parameshwar bhat]

Dear Sir

 

That means the person having  Enrolment Certificate as Advocate has to surrender Enrolment Certificate as Advocate before getting in to employment as Company Secretary or before starting practice as Company Secretary. Is it?

Thanks & Regards,
CS Parameshwar Bhat
B.Com,LLB,ML,ACS,(MBA)
Company Secretary
TRMN, Dobaspet.

[Prabha MJ]

Yes, you got the point, one has to surrender the enrolment certificate as an Advocate before getting the certificate of practice as CS.  As one cannot practice as an Advocate as well as a PCS

Regards
Prabha

[VIJAY SHYAM ACHARYA]

Yes that is the present situation. However, there are proposals to allow multiple practice for persons having multiple qualifications - this will be in line with botique firms providing multiple services such as for example a CA,CS cum Law firm. However as of now this is not yet a reality.
Regards,
Shyam

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[Jayashree Chandrasekaran]

i dont think multiple practice for the same person will be allowed...a multi disciplinary firm will be allowed with partners in multi-discipline

Jayashree

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