Should a company secretary be a lawyer?

Does a company secretary need to be a lawyer?

When faced with making governance decisions, a corporate secretary will turn to the general counsel, who is trained to handle complicated legal matters. … While it is true that the corporate secretary must work with lawyers, this does not necessarily mean that a corporate secretary is not also a lawyer.

Can company secretary be a legal advisor?

Company secretary plays the role of company law advisor. As per section 203 of Companies Act, 2013 a company secretary must be appointed by those companies who are having paid up capital of Rs. 5 crore or more and the appointed person must be the member of Institute of Company Secretaries of India.

Can a CS be advocate?

For the subsequent period, however, the certificate of practice was not renewed in view of the decision taken by the Council of the Institute on 24-4-1990 that no Company Secretary is allowed to practise as an advocate and for non-compliance of the communication dated 20-8-1990.

Who should be a company secretary?

In case of a public company, its Company Secretary must be either a member of the Institute of Chartered Secretaries and Administrators; a Legal Practitioner; a member of the Institute of the Chartered Accountants of Nigeria or such other bodies of accountants as are established from time to time by an Act; any person …

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Can a company be its own company secretary?

Legislation no longer requires private limited companies to have a company secretary, but many companies still do – reflecting the importance of this role. There are, however, some individuals that can never act as your company secretary: Your company auditor.

What is the difference between legal advisor and company secretary?

Legal advisors follow Company law and also resolve disputes in different industries. Company secretaries work as administrators and consultants in companies. Legal advisors work as consultants with many companies. The different laws such as company law, SEBI, FEMA, and Banking laws govern the corporate governance.

Does Google hire company secretary?


What is company secretary?

The Company Secretary is:

An in-house legal expert; a compliance officer of the Company. An expert in corporate laws, securities laws & capital market and corporate governance. Chief advisor to the board of directors on best practices in corporate governance.

Can a company secretary practice in court?

Can a practising company secretary (PCS) appear before a court? No. That power is reserved with legal professionals. … Not just in company law matters but in matters pertaining to securities laws, foreign exchange laws, competition laws, etc.

Can a person practice both CS and LLB?

Yes, you can pursue both the programme but you need to maintain time management. Both programs requires time to study due to the vast course module, dedication and commitment. So according to me, you should focus on either BA LLB or CS according to your calibre and interest.

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Can a CS represent in court?

While CAs, CS or cost accountants cannot represent clients in the High Court and Supreme Court (that right is restricted to advocates), it does not in any way indicate that work at lower forums is less important. … In comparison, a statutory appeal before a tribunal is usually granted as a matter of statutory right.

Can a company secretary also be a director?

Company secretaries

You do not need a company secretary for a private limited company. Some companies use them to take on some of the director’s responsibilities. The company secretary can be a director but cannot be: the company’s auditor.

What is the legal position of a company secretary in a company?

A company secretary is a senior position in a private company or public organisation, normally in the form of a managerial position or above. Despite the name, the role is neither a clerical nor secretarial one in the usual sense.