RECOGNITIONS
SECURED FOR COMPANY SECRETARIES
I. FOR A PRACTISING COMPANY SECRETARY
|
Sl.
No. |
Statute/Authority
|
Purpose |
When Obtained |
|
|
I |
COMPANY
LAW |
|
|
|
|
1. |
The
Companies Act, 1956 |
(a) ‘Secretary’ in whole-time practice defined
as member of the Institute in practice
and not in full time
employment [section 2(45A)]. |
15
June, 1988 |
|
|
(b) To make statutory declaration in Form 1
that all requirements of the Companies Act, 1956 and the rules made thereunder have been complied with in respect of
registration of a company and matters precedent and incidental thereto
[section 33(2)]. |
15 June, 1988 |
|
||
|
(c) To make a verified declaration in Forms 19, 20 and 20A
of compliances for obtaining a certificate of commencement of
business/ commencement of other business [section 149]. |
15 June, 1988 |
|
||
|
(d)
To sign the annual return of listed company (section 161). |
15 June, 1988 |
|
||
|
(e) To certify that requirements of Schedule
XIII have been complied with as regards statutory guidelines for appointment
of managerial personnel and payment of managerial remuneration to them
without the approval of the Central Government [section 269(2) and Schedule
XIII]. |
15 June, 1988 |
|
||
|
(f) To issue compliance certificate as to
whether a company has complied with all the provisions of the Companies Act,
1956,for companies not required to employ a whole-time Secretary under
sub-section (1) of section 383A and having paid-up share capital of ten lakh rupees or more [proviso to section 383A(1)]. |
13 December, 2000 |
|||
|
(g)(i) A member of the Institute having atleast
15 years working experience as a Secretary in whole-time practice is eligible
to be appointed as a Technical member of the National Company Law Tribunal
[Section 10FD (3)(e)]. (ii) A Practising
Company Secretary may be authorized by any person to present his or its case
before the National Company Law Tribunal or National Company Law Appellate
Tribunal [Section 10GD] (iii)
A professional firm of Company Secretaries may be appointed as an Official
Liquidator in respect of winding up of a company by the National Company Law
Tribunal [Section 448(1)(a)]. |
To be effective
from the date of commencement of the
Companies (Second Amendment) Act, 2002, (i.e. from such dates as may be notified by the Central
Government) |
|||
|
2. |
Companies
(Central Government’s) General Rules and Forms (Amendment) Rules, 2006 |
Pre-certification of e-forms: 1.
Form No.2 2.
Form No.3 3.
Form No.5 4.
Form No.10 5.
Form No.17 6.
Form No.18 7.
Form No.23 8.
Form No.23 AC 9.
Form No.23 ACA 10.
Form No.24AB 11.
Form No.25C 12.
Form No.32 Declaration: 13.
Form No.1 14.
Form No.19 15.
Form No.20 16.
Form No.20A 17.
Form No.61 |
10 February, 2006 |
|
|
3. |
Companies
(Declaration of Dividend out of Reserves) Amendment Rules, 2006 |
Pre-certification of e-form of application
for approval for declaration of dividend out of reserves. [Pursuant to
Section 205A (3)]. |
3 March, 2006 |
|
|
4. |
Investor
Education and Protection Fund (Awareness and Protection of Investors
Amendment) Rules, 2006 (Rule 3) |
Pre-certification
of e-form – Form 1 relating to statement of amounts credited to Investor
Education and Protection Fund. |
3 March, 2006 |
|
|
5. |
Companies
(Director Identification Number) Rules,2006 [Rule 6] |
To certify form DIN-3 (Form for sending of Director Identification
Number intimation by the company to the Registrar) |
1 November, 2006 |
|
|
6. |
The
Companies Regulations, 1956 |
In respect of section 25 companies, to
give a declaration to the effect that the Memorandum and Articles of Association
have been drawn up in conformity with the provisions of the Companies Act and
that all requirements of the Act and the Rules made thereunder
have been duly complied with in respect of the registration or matters
incidental or supplementary thereto [Regulation 4(ii)]. |
July, 1989 |
|
|
7. |
Company
Law Board Regulations, 19911 [Reg.
19] |
To act as authorised
representative before the Company Law
Board Benches. |
May, 1991 |
|
|
8. |
Private Limited
Company and Unlisted Public Limited Company (Buy-Back of Securities)
Rules, 1999. (Rule
10) |
Extinguishment
and physical destruction of the bought back share certificates to be done in
the presence of a Company Secretary
in whole-time practice within seven days from the date of acceptance of
shares. To certify
compliance with these Rules including the provisions relating to
extinguishment and destruction of share certificates. |
6 July, 1999 |
|
|
9. |
Unlisted
Public Companies (Preferential Allotment) Rules, 2003 [Rule 7] |
In
case of every issue of shares/ warrants/fully convertible debentures/ partly
convertible debentures or other financial instruments with conversion option,
to certify that the issue of the said instruments is being made in accordance
with these Rules. |
4 December, 2003 |
|
|
10. |
Unlisted
Companies (Issue of Sweat Equity Shares) Rules, 2003 [Rule 11] |
In
case of every company that has allotted shares under these Rules, the Board
of Directors shall at each annual general meeting place before the
shareholders a certificate from Practising Company
Secretary/ auditors of the company that sweat equity shares have been
allotted in accordance with the resolution of the company in the general
meeting and the Rules in this regard. |
4 December, 2003 |
|
|
11. |
Limited
Liability Partnership Rules, 2009 |
Certification
under Form 7 [Rule 10] Certification
under Form 11 [Rule 25] |
1 April, 2009 |
|
|
II |
CORPORATE AND
ECONOMIC LAWS |
|
|
|
|
12. |
Competition
Act, 2002 [Section 35 & 53S) |
To
act as authorised representative before the
Competition Commission of India and Competition Appellate Tribunal. |
31 March, 2003 |
|
|
13. |
Central
Electricity Regulatory Commission (Miscellaneous
Provisions) Order, 1999 (Clause 6) |
To act as authorized representative before the Central Electricity Regulatory
Commission. |
August, 1999 |
|
|
14. |
Gujarat
Electricity Regulatory Commission (Conduct of Business) Regulations, 1999 (Regulation
23) |
To act as authorized representative before the Gujarat Electricity Regulatory
Commission. |
July, 1999 |
|
|
15. |
The Telecom
Regulatory Authority of India Act, 1997
(Section 17 and Explanation (b) thereto) |
To act as authorized representative before
the Telecom Disputes Settlement and Appellate Tribunal. |
March, 2000 |
|
|
16. |
IRDA (Registration of
Indian Insurance Companies) Regulations, 2000 (Regulation 10) |
To
certify that the
company has complied with all
the requirements relating to registration fees, share capital, deposits
and other requirements of the
Insurance Regulatory and Development Authority Act, 1999. |
July, 2000 |
|
|
17. |
Foreign
Trade Policy 2004-2009. |
Illustrative List of certificates which
may be issued by a Company Secretary in Practice is given hereunder: (i)
to issue a certificate showing sales
turnover of ammunition (indigenous and imported) during the preceding three
licensing years [Annexure 5 to Appendix 8]. (ii)
Certification in respect of Application for grant of Star Export
House [Appendix – 17]. (iii)
Certification in respect of application for grant of
One to Five Star Export House for Service Provider [Appendix – 17A]. |
Originally recognition received in April,
1991 under Exim Policy and continue under Foreign
Trade Policy(2004 – 2009) |
|
|
18. |
Special Economic Zones Rules, 2006(Rule
61) |
To act as
authorized representative before the Board of Approval |
February, 2006 |
|
|
19. |
Foreign
Exchange Management Act, 1999 (FEMA) |
To issue certificates for exchange control
purposes. All certificates, which a Practising Chartered Accountant can issue as documentary evidence
in support of certain applications, may also be issued by a Company Secretary
in Whole-time Practice. |
Original recognition received in 1992
under FERA. RBI clarified vide letter
dated April 19, 2001, the recognition is valid under FEMA |
|
|
20. |
Foreign
Exchange Management (Transfer of Issue of Securities by a Person Resident
Outside India)Regulations, 2008 |
To certify under
FDI Scheme on behalf of Indian companies accepting investment |
30 May, 2008 |
|
|
21 |
The
Trade Marks Rules, 2002 (Rules148-161) |
Qualified to be
registered as a trade marks agent. |
15 September, 2003. |
|
|
|
|
|
|
|
|
III |
SECURITIES LAWS
AND CAPITAL MARKETS |
|
|
|
|
22. |
The
Securities and Exchange Board of India Act, 1992. [Section 15V, Explanation
(b)] |
To appear as authorised representative before the Securities Appellate
Tribunal |
December, 1999 |
|
|
23. |
The Depositories
Act, 1996 [Section 23C, Explanation (b)] |
To appear as authorised representative before the Securities Appellate
Tribunal |
December, 1999 |
|
|
24. |
SEBI - Circular
No. MRD/DoP/SE/Cir-1/06 |
Certify non- promoter holdings as per
clause 35 of Listing Agreement in demat
mode in case of the companies
which have established connectivity with both the depositories. |
13 January, 2006 |
|
|
25. |
SEBI
– Clause 49 of the Listing Agreement. (Circular No. SEBI/CFD/ DIL/ CG/1/
2004/12/10 dated October 29, 2004). |
To
issue certificate of compliance of conditions of corporate governance. |
January , 2006 |
|
|
26. |
Model
Listing Agreement for Listing of Debt Securities.
SEBI/CFD/DIL/CIR-39/2004/11/01 |
To issue
certificate regarding maintenance of adequate security cover in respect of
listed debentures by either a Practising Company
Secretary or a Practising Chartered Accountant,
every quarter. |
1 November, 2004 |
|
|
27. |
Model
Listing Agreement for Listing of Debt Securities. SEBI/CFD/DIL/CIR-39/
2004/11/01 |
To issue
certificate regarding compliance of conditions of Corporate Governance. |
1 November, 2004 |
|
|
28. |
Listing
Agreement for Indian Depository Receipts (IDRs) SEBI/CFD/DIL/IDR/1/2006/3/4 |
To issue
certificate of compliance of conditions of Corporate Governance. |
3 April, 2006 |
|
|
29. |
SEBI
(Depositories Participants) Regulations, 1996 |
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. |
September, 2003. |
|
|
30. |
SEBI' s Circular IMD/PMS/CIR/1/21727/03 |
To conduct
Internal Audit of Portfolio Managers. |
18 November, 2003 |
|
|
31. |
SEBI’s Circular MRD/DMS/CIR-29/2008 |
To conduct internal Audit of Stock Brokers
/ Trading Members / Clearing Members |
21 October, 2008 |
|
|
32. |
SEBI’s Circular SEBI/MIRSD/CRA/Cir-01/2010 |
To conduct internal Audit for Credit
Rating Agencies (CRAs) |
06 January, 2010 |
|
|
33. |
Bombay Stock Exchange Limited BSE Notice No. 20061031 - 21 |
To issue Networth
Certificate to be submitted by all active members including representative
members of Cash segment, Limited Trading members & Trading and/or
Clearing members of the Derivatives segment of the Bombay Stock Exchange. |
31 October, 2006 |
|
|
34. |
Bombay Stock Exchange Limited |
Listing of new equity shares issued to the
shareholders of the company pursuant to the reduction of capital/BIFR order
-- If there are non-transferable shares in existence, a certificate from Practising Company Secretary specifically certifying that
equity share certificates held by promoters, etc. have been stamped “Not to
be sold/transferred/hypothecated until …..” (source: www.bseindia.com) |
|
|
|
35. |
National Stock Exchange Limited (NSE Circular No.541, Ref. NSE/MEM/7835) |
Details of directors/proprietor in format
C-3 of Annual Return submitted by Trading Member to the Stock Exchange |
6 September, 2006 |
|
|
36. |
National Stock Exchange Limited (NSE Circular No.541 Ref. NSE/MEM/7835) |
Details of shareholding pattern/sharing
pattern of corporates in format C-6 of Annual
Return submitted by Trading Member to the Stock Exchange |
6 September, 2006 |
|
|
37. |
National Stock Exchange Limited (NSE Circular No.541 Ref. NSE/MEM/7835) |
Details of shareholding pattern/sharing
pattern of firms in format C-6 of Annual Return submitted by Trading Member
to the Stock Exchange. |
6 September, 2006 |
|
|
38. |
National Stock Exchange Limited (NSE Circular No.541 Ref. NSE/MEM/7835) |
Details of Dominant group of corporates in format C-7 of Annual Return submitted by
Trading Member to the Stock Exchange. |
6 September, 2006 |
|
|
39. |
National Stock Exchange Limited (NSE Circular No.541 Ref. NSE/MEM/7835) |
Details of Dominant group of firms in
format C-7 of Annual Return submitted by Trading Member to the Stock Exchange |
6 September, 2006 |
|
|
40. |
National Stock Exchange Limited (NSE Circular No.541, Ref. NSE/MEM/7835) |
Undertaking from Relative of Persons
constituting Dominant Promoter Group in format C–8 of Annual Return submitted
by Trading Member to the Stock Exchange |
6 September, 2006 |
|
|
41. |
National Stock Exchange Limited (NSE Circular No.541, Ref. NSE/MEM/7835) |
Undertaking from Corporates
supporting Dominant Promoter Group in format C–8 of Annual Return submitted
by Trading Member to the Stock Exchange |
6 September, 2006 |
|
|
42. |
National Stock Exchange
Limited |
Grant of approval
for listing under clause 24(a) of the Listing Agreement – Certificate from Practising Company Secretary confirming that the entire
pre-preferential holding of the allottee
(mentioning the quantity) is locked in for the period starting from relevant
date up to a period of six months from the date of allotment (source:
www.nseindia.com) |
|
|
|
43. |
National Stock Exchange
Limited |
Grant of approval
under clause 24(f) of the Listing Agreement (Amalgamation – Wholly Owned
Subsidiary / other than Wholly Owned Subsidiary /Reduction of Capital under
Section 100) – Certificate from Practising Company
Secretary for Networth of the Company pre and post
scheme under section 101, 391 and 394 of the Companies Act, 1956. (source:
www.nseindia.com) |
|
|
|
44. |
National Stock Exchange
Limited |
Listing of shares
arising out of Conversion of Debentures/Warrants/Notes/Bonds into Equity
Shares – Certificate from Practising Company
Secretary for receipt of money at the time of allotment of Convertible
Debentures/Warrants/Notes, etc. (source: www.nseindia.com) |
|
|
|
45. |
National Stock Exchange
Limited |
Listing of
shares/securities issued on Preferential/Private Placement basis –
Certificate from Practising Company Secretary for
the following confirmations : (a)
The pricing of the issue along with the detailed
working of the same (b)
The company has received the entire consideration
payable prior to the allotment of shares (c)
The total shares under lock-in (along with the dates
of lock-in and distinctive numbers) and additionally confirming that the
locked in equity shares if issued in physical form have been enfaced with non
transferability condition (d)
The entire pre-preferential holding of the allottee (mentioning the quantity) is locked in for the
period starting from relevant date upto a period of
six months from the date of allotment. (source: www.nseindia.com) |
|
|
|
46. |
National Stock Exchange
Limited |
Listing of
shares/securities issued on Preferential/Private Placement basis in case allotment
under Section 81(3) of Companies Act –A confirmation signed by the compliance
officer of the company duly counter confirmed by the Practising
Company Secretary confirming that the said allotment has been made in
accordance with the provisions of section 81(3) of the Companies Act, 1956.
(source: www.nseindia.com) |
|
|
|
47. |
National Stock Exchange
Limited |
Certificate from Practising Company Secretary confirming securities under
lock-in (the certificate should include the distinctive numbers of securities
under lock-in and date from and upto which these
shares are under lock-in) (source: www.nseindia.com) |
|
|
|
48. |
National Securities Depositories Limited
(NSDL) |
Conduct of Internal
Audit of operations of the Depository Participants, at intervals of not more
than three months and furnish a copy of the internal audit report to the
depository. |
March, 1999 |
|
|
49. |
NSDL Circular No.
NSDL/POLICY/2006/0021 |
Concurrent Audit in case of Demat Account opening, Control and Verification of
Delivery Instruction Slips. |
June , 2006 |
|
|
50. |
Central Depository
Services (India) Limited (CDS) |
(i) Conduct of
Internal Audit of operations
of the Depository Participants at such
intervals as may be specified by CDS from time to time and furnish a
copy of the internal audit report to CDS. |
September, 1999 |
|
|
(ii) For
empanelment by CDS as auditors for conduct of audit of the records of the participants
in so far as the records and operations relate to CDS. |
|
|||
|
51. |
(A) Securities Contracts (Regulation) Act,
1956; and Securities Contracts
(Regulation) Rules, 1957 [Section
22C, Explanation (b)] (Guideline No. F1/8/SE/82 dt. 20.8.1982). |
(i) To appear as
authorized representative before the Securities Appellate Tribunal |
December, 1999 |
|
|
(ii) Certificate to the effect that allotment
has been made
by the company on the basis approved by the Stock Exchange. |
August, 1982 |
|
||
|
(B)(i) The Ahmedabad Share and Stock
Brokers Association,
Ahmedabad. |
Inspection of
books of accounts and other documents of members of stock exchange
required by guideline F. No. 1/4/SE/89 dated 29.1.1983. |
March 1984 |
|
|
|
(ii) Uttar Pradesh Stock Exchange Association Ltd., Kanpur. |
-
do - |
April, 1984 |
|
|
|
(iii) The Bombay Stock Exchange Ltd. |
Certification to the effect that RTA
and/or In-house Share transfer facility of Listed
Companies have issued all certificates within
one month of the lodgement for transfer,
sub-division, consolidation, renewal, exchange or endorsement of calls/ allotment monies. This certificate is to be issued within
one month of the end of each half of the financial year. |
February, 1998 |
|
|
|
(iv) Pune Stock
Exchange |
-do- |
-do- |
|
|
|
(v) The Calcutta
Stock Exchange |
-do- |
-do- |
|
|
|
(vi) Uttar Pradesh Stock Exchange Association
Limited (Kanpur) |
-do- |
-do- |
||
|
(vii) Delhi Stock Exchange |
Certificate to the
effect that the RTA has completed all transfers within the stipulated time. |
-do- |
|
|
|
(viii) Hyderabad
Stock Exchange |
-do- |
-do- |
|
|
|
(ix) Bhubaneswar Stock Exchange Association
Limited |
-do- |
-do- |
||
|
(x) Stock Exchange, Ahmedabad |
-do- |
-do- |
|
|
|
(xi) Cochin Stock Exchange |
-do- |
-do- |
|
|
|
(xii) Coimbatore Stock Exchange |
-do- |
-do- |
|
|
|
(xiii) Ludhiana Stock Exchange Association Limited |
-do- |
-do- |
|
|
|
(xiv) Magadh Stock
Exchange Association |
-do- |
-do- |
|
|
|
(xv) Madhya Pradesh Stock Exchange |
-do- |
-do- |
|
|
|
(xvi) National Stock Exchange |
-do- |
-do- |
|
|
|
(xvii) Bangalore Stock Exchange |
-do- |
-do- |
|
|
|
(xviii) Madras Stock Exchange |
-do- |
-do- |
|
|
|
(xix) Udaipur Stock Exchange |
-do- |
-do- |
|
|
|
(xx) The Stock Exchange, Ahmedabad |
Verification and authentication of the
declarations of the Managing Director of a Company when- (1) the company
intimates the stock exchange the forfeiture of its listed securities; or (2) the company
approaches the stock exchange for voluntary delisting of securities. |
May, 1999 |
|
|
|
IV |
TAXATION |
|
|
|
|
52. To
act as authorised representative July, 1979 before the
Income-Tax authorities |
Income-tax
Act, 1961 and Income-tax Rules, 1962 [section 288(2) and Rule 50(2A)] |
To act as authorised
representative before the Income-tax authorities. |
July, 1979 |
|
|
53. |
Wealth-tax
Rules, 1957 [Rule
8A(7)(i)] |
Recognised for registering
as a valuer of stocks, shares, debentures, etc. |
8 October, 1974 |
|
|
54. |
Central Excise
Act, 1944, [section 35Q]
and Rule 12(c) of Central Excise (Appeals) Rules 2001 |
To act as
authorised representative before the
Customs, Excise and Service Tax Appellate Tribunal and other authorities. |
October, 1982 |
|
|
54A. |
Central Board of Excise and Customs |
Setting up Certified Facilitation Centres (CFCs) under the Automation of Central Excise and
Service Tax (ACES) Project by PCS which will facilitate e-filing of returns
and other documents by assessees of Central Excise and
Service Tax. |
June 25, 2010 |
|
|
55. |
Customs Act, 1962
and Customs (Appeals) Rules, 1982 [section 146A and Rule 9(C)]. |
To appear before
Custom Authorities. |
October, 1982 |
|
|
56. |
West
Bengal Value Added Tax Rules, 2005 |
Authorized to
appear before Appellate and Revisional Board, the
Commissioner, the Special Commissioner, the Additional Commissioner or any
person appointed to assist the Commissioner on behalf of a dealer [Rule 2
(1)(a)(iv)]. |
April, 2005 |
|
|
57. |
Bihar
Value Added Tax Act, 2005 |
Authorised to appear before
VAT authorities appointed under Section 10 or the Tribunal or an Officer of
the Bureau of Investigation constituted under Section 86 of the Act [Section
87(d)]. |
April, 2005 |
|
|
58. |
Daman and Diu Value
Added Tax Regulation, 2005 |
Authorised to appear before
any VAT authority in connection with any proceedings under this Regulation.
[Regulation 82(1)(b)]. |
April, 2005 |
|
|
59. |
Goa
Value Added Tax Act, 2005 |
Authorised to appear before
any VAT authority including the Tribunal in connection with any proceedings
under this Act [Section 82(1)(b)]. |
April, 2005 |
|
|
60. |
Gujarat Gujarat Value Added Tax
Act, 2003 read with Gujarat Value Added Tax Rules, 2005. |
Authorised to appear before
VAT Authorities in connection with any proceedings under this Act [Section
81(1) (c) read with Rule 59 (1) (a)] |
January 2005 |
|
|
61. |
Karnataka Value
Added Tax Act, 2003 read with Karnataka Value Added Tax Rules, 2005 |
Authorised to appear before
any Authority other than the High Court in connection with any proceeding
under this Act [Section 86 (c) read with Rule 168(2)(
c) (iv)(b) ]. |
April,2005 |
|
|
62. |
Arunachal Pradesh Goods Tax Act, 2005 read with
Arunachal Pradesh Goods Tax Rules, 2005 |
To appear and attend before any
authority in connection with any proceedings under this Act [Section 83 (1)(c) read with Rule 78(1) (a)]. |
2005 |
|
|
63. |
Kerala
Value Added Tax Act, 2003. |
Authorised to appear before
VAT Authorities in connection with any proceedings under this Act [Section 86
(e) |
2009 |
|
|
V |
FINANCIAL INSTITUTIONS |
|
|
|
|
64. |
All
India Financial Institutions |
Certification with regard to the
following: |
|
|
|
(i) Industrial
Development Bank of India |
(a) Necessary powers of a company and its
directors to enter into an agreement. (b) Borrowing
limits of a company under section 293(1)(d) of the Companies Act, 1956, including details
of share capital, authorised, issued, subscribed
and paid-up, and the actual borrowing. (c) List of Members of a company. (d) Copies of resolutions passed at company
meetings to be furnished to financial institutions. |
July, 1981 December ,1981 July,1983 |
||
|
(ii) Industrial Finance Corporation of India |
|
|||
|
(iii) Industrial Credit and Investment Corporation
of India |
|
|
||
|
(iv) Unit Trust of
India |
|
|
||
|
(v) Life Insurance Corporation of
India |
|
|||
|
(vi) General Insurance Corporation of India |
||||
|
(vii) Industrial Reconstruction Bank of India |
- do - (a) to (d) |
January, 1986 |
|
|
|
(viii) Industrial Develop-ment
Bank of India |
Certification of documents relating
to charges. |
April, 1991 |
|
|
|
VI |
BANKS
|
|
|
|
|
65. |
Reserve
Bank of India Circular DBOD No.BP.PC.46/08.12.001/2008-09 |
Diligence Report for Banks |
September 19, 2008 |
|
|
66. |
Indian
Banks Association (Circular No. SO/69-73-III-C-82/9565 dated 15.4.1983 and
Circular no. SO/69-73-C-86/4763 dated
16.6.1986). |
Status/Search
Reports for banks |
April, 1983 |
|
|
67. |
(i) Indian Bank |
Certification of
documents relating to charges. |
December, 1990 |
|
|
(ii) Bank of India |
-do- |
February, 1991 |
|
|
|
(iii) Andhra Bank (Eastern Region) |
-do- |
February, 1991 |
|
|
|
(iv) Canara Bank |
-do- |
February, 1991 |
|
|
|
(v) United Bank of India |
-do- |
March, 1991 |
|
|
|
(vi) Vijaya Bank |
-do- |
March, 1991 |
|
|
|
(vii) Bank of Baroda2 |
-do- |
July, 1991 |
|
|
|
(viii) Corporation Bank |
-do- |
August, 1991 |
|
|
|
(ix) State Bank of India2 |
-do- |
September, 1991 |
|
|
|
(x) Bharat Overseas
Bank |
-do- |
September, 1991 |
|
|
|
(xi) State Bank of Mysore |
-do- |
October, 1991 |
|
|
|
(xii) Indian Overseas Bank |
-do- |
October, 1991 |
|
|
|
(xiii) State Bank of Indore2 |
-do- |
February, 1992 |
|
|
|
(xiv) State Bank of Travancore |
-do- |
April, 1992 |
|
|
|
(xv) Laxmi Vilas Bank Ltd. |
-do- |
June, 1992 |
|
|
|
VII |
STATE
LEVEL
AGENCIES
|
|
|
|
|
68. |
State
Financial/Industrial Investment/ Development Corporations; |
A.
Certification with regard to the
following: |
|
|
|
(i) Himachal Pradesh
Financial Corporation, Shimla |
(a) Necessary powers of a company and its
directors to enter into an agreement |
July, 1982 |
||
|
(b) Borrowing limits of a company under section
293(1)(d) of the Companies Act, 1956, including details of share capital, authorised, issued, subscribed and paid-up and the actual
borrowing. |
|
|||
|
(ii) West
Bengal Financial Corporation2,
Calcutta |
-do- |
August, 1982 |
|
|
|
(iii) Maharashtra State Financial Corporation,
Mumbai |
-do- |
April, 1984 |
|
|
|
(iv) UP State Industrial Development
Corporation Ltd., Kanpur |
-do- |
December, 1985 |
|
|
|
(v) Assam Industrial Development Corporation
Ltd.2, Guwahati |
(a) Necessary powers of a company and its
directors to enter into an agreement. |
March, 1982 October 1988 |
|
|
|
(b) Borrowing limits of a company under section
293(1)(d) of the Companies Act, 1956, including details of share capital, authorised, issued, subscribed and paid-up and the actual
borrowing. |
|
|||
|
(c) List of members of a company. |
|
|||
|
(d) Copies of resolutions passed at company
meetings to be furnished to financial institutions. |
|
|||
|
(vi) Gujarat Industrial Investment Corpn. Ltd.2, Ahmedabad |
-do-
(a) to (d) |
October, 1982 August, 1986 |
|
|
|
(vii) Nagaland
Industrial Dev. Corpn. Ltd., Dimapur |
-do-
(a) to (d) |
September, 1983 |
|
|
|
(viii) Uttar
Pradesh Financial Corpn., Kanpur |
-do-
(a) to (d) |
September, 1983 |
|
|
|
(ix) State Industries Promotion Corpn. of
Tamil Nadu Ltd. 2, Chennai |
-do- (a) to (d) |
October, 1983 |
|
|
|
(x) The Tamil Nadu Industrial Investment Corpn. Ltd.2 Chennai |
-do- (a) to (d) |
November, 1983 |
|
|
|
(xi) Karnataka State Indl.
Invest. And Dev. Corpn.Ltd2., Bangalore |
-do-
(a) to (d) |
July, 1982 February, 1986 |
|
|
|
(xii) The
Pradeshiya
Ind. And Investment Corpn. of UP Ltd., Lucknow |
-do- (a) to (d) |
March, 1986 |
|
|
|
(xiii) Andhra Pradesh State Financial Corpn.,
Hyderabad |
-do-
(a) to (d) |
June, 1982 March, 1986 |
|
|
|
(xiv) The Punjab State Indl. Dev. Corpn. Ltd.,
Chandigarh |
-do-
(a) to (d) |
March, 1986 |
|
|
|
(xv) The State Indl. and Investment Corpn. of
Maharashtra Ltd2., Mumbai |
do- (a) to (d) |
June,1982 April,1984 June,1984 |
|
|
|
(xvi) Haryana Financial Corpn. 2,
Chandigarh |
-do- (a) to (d) |
September, 1982, April, 1986, May, 1988 |
|
|
|
(xvii) Punjab Financial Corpn.,
Chandigarh |
-do-
(a) to (d) |
May, 1986 |
|
|
|
(xviii) Andhra Pradesh Indl. Dev., Corpn. Ltd.,
Hyderabad |
-do-
(a) to (d) |
May, 1982 June, 1986 |
|
|
|
(xix) Rajasthan State Indl. Dev. & Inv. Corpn.
Ltd., Jaipur |
-do-
(a) to (d) |
August, 1986 |
|
|
|
(xx) Indl. Promotion
& Inv. Corpn. of Orissa Ltd2.,
Bhubaneswar |
-do-
(a) to (d) |
September, 1982 August, 1986 |
|
|
|
(xxi) Gujarat
State Fin. Corpn2.,
Ahmedabad |
-do-
(a) to (d) |
April, 1982 September, 1986 |
|
|
|
(xxii) The Zoram Indl. Dev. Corpn. Ltd., Mizoram |
-do-
(a) to (d) |
March, 1987 |
|
|
|
(xxiii) Kerala State Indl. Dev. Corpn. Ltd2.,
Thiruvnanthapuram |
-do-
(a) to (d) |
August, 1986 |
|
|
|
(xxiv) Rajasthan
Financial Corpn. 2, Jaipur |
-do-
(a) to (d) |
September, 1983 July, 1987 |
|
|
|
(xxv) West Bengal Indl.
Dev. Corpn. Ltd2., Calcutta |
-do-
(a) to (d) |
July, 1987 |
|
|
|
(xxvi)Orissa State Financial Corporation |
-do-
(a) to (d) |
July, 1987 |
|
|
|
(xxvii) Bihar State Financial Corpn.,
Patna |
-do-
(a) to (d) |
January, 1988 |
|
|
|
(xxviii)Delhi Financial Corpn. 2, New Delhi |
-do-
(a) to (d) |
August, 1988 |
|
|
|
(xxix)Manipur Indl. Dev. Corpn. Ltd. 2,
Imphal |
-do-
(a) to (d) |
April, 1990 |
|
|
|
(xxx) Pondicherry Indl. Promotion, Dev. & Inv. Corpn. Ltd., Pondicherry |
-do- (a) to (d) |
December, 1990 |
|
|
|
(xxxi) Arunachal Pradesh Indl.
Dev. & Financial Corpn. Ltd.
2, Naharlagum |
-do- (a) to (d) |
August, 1991 |
|
|
|
(xxxii) Gujarat Industrial Development Corporation |
To issue certificate with regard to
shareholders, and share-holdings of companies, for the
purposes of transfer of
industrial Plot/Shed. |
May, 1999 |
|
|
|
B.
Secretarial Audit |
|
|||
|
(xxxiii) Manipur Industrial Development Corpn.
Ltd., Imphal |
Secretarial Audit, once a year of the
companies assisted by the Corporation |
April, 1990 |
|
|
|
(xxxiv)Assam Indl. Dev. Corpn. Ltd., Guwahati |
Secretarial Audit, once a year, of the
companies assisted by
the Corpn.
under the IDBI’s Refinance Scheme. However,
companies having whole-time secretary
need not perform Secretarial Audit,
provided such Company Secretary
submits a certificate of compliance of various provisions of law. |
July, 1990 |
|
|
|
(xxv)Gujarat Industrial
Investment Corporation Ltd., Ahmedabad |
Secretarial Audit, once a year, of the
companies assisted by the Corpn. including the
joint/associate sector companies of the
corpn. However, companies having whole-time
secretary need not perform Secretarial Audit provided such Company Secretary
submits a certificate of compliance of
various provisions of law. |
June, 1991 |
|
|
|
(xxxvi) Arunachal Pradesh Industrial Development & Financial Corpn.
Ltd., Naharlagun |
Secretarial Audit, once a year, of the
companies assisted by the Corporation. |
August, 1991 |
|
|
|
C. Due Diligence Certificates/Search
Report |
|
|||
|
|
(xxxvii) Gujarat State
Financial Corporation |
(i) Certification
with regard to the compliance of
various laws such as Factories Act, Safety Provisions and other local Acts,
by the concerned borrowers. |
May, 1999 |
|
|
|
(ii) Preparation of Search Report
and other work connected with Registrar
of Companies. |
|
||
|
VIII. |
GOVERNMENT
DEPARTMENTS |
|
|
|
|
69. |
Department
of Agriculture and Cooperation, Ministry of Agriculture |
To issue a certificate about certain
prescribed details of a company chartering foreign fishing
vessels, according to the guidelines issued by the Department of
Agriculture and Co-operation. |
July, 1987 |
|
|
70. |
Entrepreneurship
Department of Industries, Government of Orissa |
A Company
Secretary setting up industrial unit recognised as
‘Special Class Entrepreneur’ under the category of technical entrepreneurs (Special class entrepreneurs
are eligible for 5% extra capital investment subsidy and other additional privileges for setting up
industries). |
August, 1992 |
|
|
71. |
Department
of Telecommunication, vide its Guidelines No. 820-1/2006-LR, dated 24.8.2007 |
The "Guidelines and General
Information for Grant of Licence for Operating
Internet Services" authorise Company
Secretaries to issue certificate on net worth of the Companies. The
Guidelines provide that a company having ISP licence
and a net worth of Rs. One Hundered crore or more can only offer IPTV services subject to
approval from Licensor. A certificate
from Company Secretary (certifying the net worth of the company) is to be
submitted |
August, 2007 |
|
|
72. |
Ministry
of Heavy Industries and Public Enterprises, Department of Public Enterprises,
vide its ref. no. 18(8)/2005-GM dated 22nd June 2007 |
The
Guidelines on Corporate Governance for Central Public Sector Enterprises 2007 provide that the
company shall obtain a certificate from practicing Company Secretary
regarding compliance of conditions of corporate governance as stipulated in
these Guidelines and Annexes. |
June 2007 |
|
|
|
|
|
|
|
|
IX |
HIGH COURT
|
|
|
|
|
73. |
Calcutta
High Court (letter no. Cor. 424 dated 9.2.1983) |
Introduction of
panel of Practising
Company Secretaries for appointment as receivers, arbitrators, trustees and
special officers. |
February, 1983 |
|
|
X |
ANCILLARY |
|
|
|
|
74. |
Income-Tax Act,
1961 |
Ministry of Finance, Department of Revenue, Central Board of Direct Taxes,
have notified the profession of Company Secretaries under section 44AA of the
Income Tax Act, 1961. |
October, 1992 |
|
1.
Secretary
of Company can also undertake such assignment.
2.
In
addition, certificate in respect of search reports from the records maintained
by the office of the Registrar of Companies will be accepted.
II
- FOR A COMPANY SECRETARY IN EMPLOYMENT
|
|||
|
1. |
Ministry
of Education |
Appointment of
superior posts and services under the Central Government. |
February, 1968 December, 1971 July, 1981 |
|
2. |
Section
2(45) of the Companies Act,
1956 |
“Secretary” redefined to
include, a member of the
Institute appointed to perform the duties which may be performed
by a secretary under the Act and
other ministerial or administrative duties. |
May, 1988 w.e.f. 15.6.1988 |
|
3. |
Section
383A of the Companies Act, 1956 read with
Companies (Appointment &
Qualifications of Secretary) Rules, 1988 |
(i) Every Company
having a paid-up share capital of Rs.
5 crores or
more to employ a whole-time
secretary who is a member of the Institute. (ii) Pass in Intermediate examination of the
Institute eligible for appointment as whole-time secretary in case of
companies having paid-up share capital
of less than Rs. 5 crores. (iii)
Pass in Intermediate examination of the Institute eligible for appointment as
a whole-time secretary in case of a company with its registered office and
corporate office and works situated in towns with a population of less than
one lakh in accordance with Census of India 2001
Report and having a paid-up share capital of rupees two crores
or more but less than rupees five crores. |
February, 1975 (as amended in December 1988, April
1993, and in June, 2002) 14 October, 2003 |
|
4. |
Section 581X of
the Companies Act, 1956 |
Every producer
company having an average annual turnover exceeding five crores
rupees in each of three consecutive financial years to have a whole-time
secretary who is a member of the Institute. |
6 February, 2003 |
|
5. |
SEBI vide circular Letter No.
SMD/POLICY/CIR-12/99
dated 18.5.1999 |
Compliance officer
to be
appointed by Listed companies in Compliance
with Circular No.
SMD/POLICY/CIR-06/98 dated February, 12, 1988, shall be the Company Secretary of the Company. |
May, 1999 |
|
6. |
Government of
Andhra Pradesh |
For
recruitment in public sector
under-takings of the State to superior posts. |
September, 1981 |
|
7. |
Central Government (Ministry of
Corporate Affairs) |
Qualification for
recruitment to Grades I to IV in the Accounts Branch of the Central
Company Law Service. |
November, 1982 |
|
8. |
Ministry of Home Affairs, Department of
Personnel and Administrative Reforms |
Empanelment of Company
Secretaries for assignment of Indian experts to the developing countries of
Asia, Africa and Latin America. |
March, 1984 |
|
9. |
Government of Gujarat, General Administration, Department Circular No.
RDD/1077/1120/K dated 16.1.1978 and letter No. RDD/1081/1781/K dated 23.6.1981 |
Degrees/diplomas
awarded by Universities or other educational Institutes established by an Act of the
Central or State legislature or by
an Act of Parliament automatically specialize for the purpose of recruitment to the
posts and services under the State Government. |
January, 1978 June, 1981 |
|
10. |
Government of
Tamil Nadu, Personnel and Administrative Reforms (Personnel )
Department, Order No. G.O.
Ms. No. 148 dated 7.3.1988 |
ACS is specialized
as one of the qualifications for the
purpose of Group
‘A’ appointments in the State Government Service in
the departments concerned
with Trade, Commerce, Finance, Commercial Taxes and
Industry where such a specialized knowledge is called for. |
March, 1988 |
|
11. |
Government of Kerala, Planning & Economic Affairs (BPE) Department, Thiruvanathapuram, Order No. 10180/BPE – 2/89/Plg. Dated 29.5.1989. |
Preference to be given to candidates possessing ACS
qualification in addition to ACA/AICWA qualification, for recruitment to the
posts of Finance Directors in State
Government Undertakings in Kerala. |
May, 1989 |
|
12. |
Karnataka State Financial Corporation,
Letter Pers/P- 3214 dated 10.11.1989 |
ACS as one of the
superior qualification for appointment to executive posts. |
November 1989 |
|
13. |
(a) Govt. of India, Ministry of Personnel,
Public Grievances and Pensions(Department of
Personnel & Training) O M No. dated 1/2/89-Estt.(Pay.I)
dated 09.04.1999. (b) Office of Comptroller & Auditor
General of India vide Letter No. 284/ NGE(ENTT)/44-2005. |
Employees passing
Intermediate and Final
Examinations of Company Secretaryship
course are eligible for lump sum incentives of Rs. 2,000 and Rs. 4,000,
respectively. |
9th
April,1999 April, 1991
(revised in 1999) |
|
14. |
Model Listing
Agreement for Listing of Debt Securities SEBI/CFD/DIL/CIR-39/ 2004/11/01 |
Company Secretary
or any other person to be designated as compliance officer. |
1 November, 2004 |
|
15. |
Model Listing
Agreement for Listing of Indian Depository Receipts SEBI/CFD/DIL/IDR/1/ 2006/3/4 |
Issuer to appoint its
Company Secretary as Compliance Officer. |
3 April, 2006 |
****************