FMP & Associates, Company Secretaries, has sent a letter to the foreign exchange department of Reserve Bank of India stating that the firm has three partners who specialise in the law of Foreign Exchange & Manage

CS Executive · Company Law · PYQS · June 2021
FMP & Associates, Company Secretaries, has sent a letter to the foreign exchange department of Reserve Bank of India stating that the firm has three partners who specialise in the law of Foreign Exchange & Management and asked the said Authority to include their name in the panel, whenever formed for providing advisory services. Comment with reference to the provisions of the Company Secretaries Act, 1980.

Answer & Explanation:

Clause 6 of Part I of First Schedule to the Company Secretaries Act, 1980 states that a Company Secretary in practice shall be deemed to be guilty of professional misconduct if he solicits clients or professional work either directly or indirectly by a circular, advertisement, personal communication or interview or by any other means. Such a restraint has been put so that the members maintain their independence of judgement and able to command respect from their prospective clients. Accordingly, CS firm FMP & Associates and its partners are guilty of professional misconduct under Clause 6 of Part I of First Schedule to the Company Secretaries Act, 1980 as it has solicited professional work from the Reserve Bank of India by inquiring about the maintenance of the panel and advertising about the partners of the firm having specialised knowledge of foreign exchange and management law.

Topics: Company Secretaries Act, 1980

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