The Company Secretary can represent before various regulators and other authorities in connection with discharge of various duties under the Companies Act, 2013. The NCLT being a quasi-judicial authority the Company Secr

In the case of Mayank Agarwal (Applicant) VS. M/s. Technology Frontiers (India) Private Limited (Respondent Company) National Company Law Tribunal (Chennai Bench) IA/2/2021 in CP/75/CHE/2021. Facts of the case: In this case, the Company Secretary of the respondent company had sent the notice to the applicant under Section 90(5), (who is nominee director of the Respondent Company) on May 3rd, 2021 along with the form to disclose their Ultimate Beneficial Ownership of the shares held. However, the applicant alleged that the company alone is empowered to apply to NCLT under Section 90(7) of the Companies Act, 2013 and Company Secretary has not taken approval from Board of directors to file the present petition. The Company Secretary of Respondent Company in his written submission stated that he has the locus standi as per the board resolution passed for his appointment which clearly states that "he can perform any duties as required under Companies Act, 2013" and The Company Secretary have the authority to enter into pleadings on behalf of company even in absence of formal board authorization. Further, he referred to the provisions of section 205 of the Companies Act 2013, under which he is authorized to represent and that it is his duty to do so. Order: The usage of the words "Company shall give notice" under Section 90(5) makes it amply clear that the Key Managerial Personnel have to do this activity of seeking information; in order to find out the Ultimate Beneficial Owners. The Company Secretary has acted diligently and promptly to ensure compliance of the mandatory provisions. Hence, the application stand dismissed. Conclusion: Hence, the Company Secretary can represent before various regulators and other authorities in connection with discharge of various duties under the Act.