A member of the Institute shall be deemed "to be in practice' when, individually or in partnership with one or more of members of the Institute in practice or in partnership with members of such other recognised professions as may be prescribed, he, in, consideration of remuneration received or to be received: -
- engages himself in the practice of the profession of Company Secretaries to , or in relation to, any company; or
- offers to perform or performs services in relation to the promotion, forming, incorporation, amalgamation, reconstruction, reorganization or winding up of companies ; or
offers to perform or performs such services as may be performed by -
- An authorised representative of a company with respect to filing, registering, presenting, attesting or verifying any documents (including forms, applications and returns) by or on behalf of the company.
- A share transfer agent
- An issue house,
- A share and stock broker,
- A secretarial auditor or consultant,
- An adviser to a company on management, including any legal or procedural matter falling under the Capital Issues (Control) Act, 1947, (29 of 1947), the Industries (Development and Regulation) Act, 1951( 65 of 1951), the Companies Act, the Securities Contracts (Regulation) Act, 1956 ( 42 of 1956) any of th rules or bye-laws made by a recognised stock exchange ,the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) , the Foreign Exchange Regulation Act, 1973 (46 of 1973) , or under any other law for the time being in force.
- Issuing certificates on behalf of, or for the purposes of, a company; or
- holds himself out to the public as a Company Secretary in practice; or
- renders professional services or assistance with respect to matters of principle or detail relating to the practice of the profession of Company Secretaries; or
renders such other services as, in the opinion of the Council, are or may be rendered by a Company Secretary in practice;
and the words " to be in practice" with their grammatical variations and cognate expressions, shall be construed accordingly.
(Ref: Sub. Section 2 of Section 2 of The Company Secretaries Act, 1980).
No member of the Institute shall be entitled to practice, whether in India or elsewhere unless he has obtained from the Council a Certificate of Practice. (Ref: Section 6(1) of the Company Secretaries Act, 1980)
A member of the Institute may apply to the Council in the appropriate form for issue of a Certificate of Practice entitling him to practice as a Company Secretary anywhere in India.
In the case of renewal of the Certificate of Practice the Secretary shall issue a letter extending the validity period of the Certificate of practice for that year in the appropriate form.
A member who ceases to be in practice shall not later than thirty days from the date he ceases to be in practice intimate the fact to the Council in writing.
A member who ceases to be in practice or whose certificate of practice has been cancelled under regulation 11 shall surrender forthwith the certificate of practice held by him to the Secretary.
(Ref: Regulation 10 of The Company Secretaries Regulations, 1982.)
A practicing member of the Institute is not allowed to engage in any business or occupation other than the profession of company secretary, without obtaining the prior permission of the Council
Form and Fee
Eligibility for issue of Certificate of Practice
- An Associate/Fellow member of the Institute who intends to be engaged in the profession of Company Secretary on whole time basis and not in any other profession, business or employment can apply for issue of Certificate of Practice
- A Member who is not in any employment evidencing a master-servant relationship with the employer or contract of service or not practising as Chartered Accountant or Cost Accountant or not enrolled as an Advocate with any Bar Council.
- An application in the prescribed Form D duly completed in all respects and signed alongwith requisite annual certificate of practice fee of Rs. 2000/- and annual membership fee for that year. Only 50% of annual Certificate fee is payable if the application for issue of Certificate of Practice is made on or after 1st October and before 31st March.
- In case the member was earlier in employment, a copy of relieving letter of the last employer company or any other proof in lieu thereof and the present engagements, if any, to be submitted, to the satisfaction of the Council.
- In case the relieving letter or any other document in lieu thereof is not available the member may submit an affidavit on non-judicial stamp paper of Rs. 10/- duly attested by 1st Class Magistrate/Notary Public/Oath Commissioner affirming the date of relieving from the last employment and an undertaking to submit the relieving letter immediately on receipt.
In case the member was earlier enrolled as an Advocate, a copy of the letter of suspension/ cancellation of enrolment from the concerned Bar Council or if he was earlier holding Certificate of Practice of ICAI, ICWAI or any other professional body, a copy of letter of cancellation of the concerned professional Institute confirming cancellation of their certificate of practice and the present engagements, if any.
Renewal of Certificate of Practice
- The Certificate of Practice issued to a member is required to be renewed every financial year by payment of annual certificate fee, which presently is Rs. 2000, and the annual membership fee, which presently is 2500 for an Associate Member and Rs. 3000 for a Fellow Member.
- Annual Certificate of Practice fee is Rs. 1500/- w.e.f. 01-04-2017 for associate members who were admitted on or after 01-04-2015 and valid for initial two years only including the admission year (irrespective of date of obtaining the Certificate of Practice in the year of admission) and the following year. The Annual membership and Certificate of Practice fee will be automatically revised to full thereafter.
- For effecting renewal of Certificate of Practice, the member has also to submit Form D for the renewal of Certificate of Practice. The Form D is available on the website of the Institute.
Cancellation of Certificate of Practice
- The member has to make a request in writing along with return of original Certificate of Practice for cancellation within 30 days of his ceasing to be in practice.
The other circumstances under which the Certificate of Practice shall be cancelled are as under:-
- When name of the member is removed
- When the member has not paid the Certificate of Practice fee by the last extended date for payment of fee for the relevant year.
- When the Council is satisfied, after giving an opportunity of being heard to the person concerned, that such certificate was issued on the basis of incorrect, misleading or false information, or by mistake or inadvertence.
- The member has ceased to be in practice.
- When a certificate is cancelled, the date from which and the period for which the certificate stands cancelled shall be communicated in writing by registered post to the member concerned at his mailing address entered in the Register and may also be published in the Institutes journal Chartered Secretary
Restoration of Certificate of Practice
- The Certificate of Practice is renewed in the same financial year in which it is due for renewal provided the fee for renewal alongwith the requisite declaration is received and accepted by the Institute in the same financial year. The application for restoration of Certificate of Practice shall be made in Form-D alongwith declaration and the remittance of annual Certificate of Practice fee of Rs 2000 and a restoration fee of Rs. 250/-
Where the Certificate of Practice is required to be cancelled on failure to pay the annual fee for Certificate of Practice on or before the due date prescribed and an application for restoration of Certificate of Practice is received and accepted by the Institute in the same financial year, the Certificate of Practice is restored on payment of the
- The requisite annual fee for Certificate of Practice for the current year & a restoration fee
- The payment of Annual Membership fee for the current year.
- Where the Certificate of Practice has not been renewed or accepted for renewal in the same financial year and as a result of which it is cancelled, a fresh Certificate of Practice will be issued with effect from the date of acceptance of application for the issue of a fresh certificate.
- A communication for restoration/fresh issue of Certificate of Practice is sent to the member in writing. Restoration/issue of certificate of practice is also published in the Institutes Journal Chartered Secretary.
- After enrolment, the annual membership fee and renewal fee for certificate of practice (alongwith the declaration form) are due and payable on the first day of April every year. Any person who has not paid his annual membership fee/annual certificate of practice fee on or before 30th June of that year shall be liable to his name being removed from the Register w.e.f. 1st July of that year without any further notice
- Half payment of the annual associate/ certificate of practice fee shall be payable for the first year by a person admitted on or after 1st day of October of that year.
- An associate/fellow, who is of the age of sixty years and above and not in any gainful employment or in practice, shall pay half of the annual membership fee subject to submission of declaration to the said effect. The Declaration is available on the website of the Institute.
- An associate/fellow, who is of the age of seventy years and above and not in any gainful employment or in practice, shall pay one fourth of the annual membership fee subject to submission of declaration to the said effect. The Declaration is available on the website of the Institute.