$24 \times 7$ & Co. is recently set up professional firm of Company Secretaries on 10th June 2023. P, the managing partner of the firm wants to understand that whether they can given advertisement in Urban Clap, Just
CS Professional · Compliance Management, Audit and Due Diligence · PYQS · June 2024
$24 \times 7$ & Co. is recently set up professional firm of Company Secretaries on 10th June 2023. P, the managing partner of the firm wants to understand that whether they can given advertisement in Urban Clap, Justdial or any other aggregator of similar category to get more professional opportunity to render its various services. Explain various provisions, the restrictions imposed and the consequences as per the Institute of Company Secretaries of India (ICSI) (Guidelines for Advertisement by Company Secretaries), 2020 in this regard.
Answer & Explanation:
The Company Secretary or a firm of Company Secretaries shall not list his/her service(s) on any aggregator website such as Sulekha, Olx, UrbanClap, Justdial, Quikr or any other aggregator of similar category. ICSI (Guidelines for Advertisement by Company Secretaries), 2020 These will be applicable to all advertisements by members of the Institute rendering any advisory, consultancy or representation services whether holding Certificate of Practice issued by the Council of the Institute or otherwise. Advertisement Restrictions imposed The Advertisement shall: not be in violation of provisions of Company Secretaries Act, 1980; not be false or misleading; not claim superiority over any or all other Company Secretaries; not be indecent, sensational or otherwise of such nature which may bring disrepute to the profession or the Institute (ICSI); not contain fabricated or false testimonials or endorsements concerning the Company Secretary; not refer the Company Secretaries in the terms such as "specialists" or "experts"; Explanation: The advertisements shall not be self-laudatory and not include the words such as "best," "better" or "cheapest;" not represent that the quality of the professional services to be performed is greater than the quality of professional services performed by other professionals. Statements comparing one professional's services to another are not allowed; not constitute a guarantee, warranty, or prediction regarding the outcome of any professional assignment; in no way indicate that the charging of a fee is contingent on outcome, or that no fee will be charged in the absence of the desired outcome; not contain any reference to past successes or results which indicates a guarantee, warranty or prediction of result of future professional assignments; not be designed for "pleasing customers," which might mislead or eventually harm customers or third parties; not contain any humorous slogans. Conclusion: Any non-compliance of violation of these Guidelines, as may be in force from time to time, in any manner whatsoever shall be deemed to be a professional misconduct and the concerned member shall be liable to disciplinary action under the Company Secretaries Act, 1980. Hence, they cannot list his / her services on any website as there is Restriction put down by ICSI.
Topics: Professional Ethics / Company Secretaries Act
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