X, a member of the Institute of Company Secretaries of India (ICSI) is working as a whole-time Company Secretary in an Indian company. He provided some confidential information of his employer company to a multinational
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · June 2023
X, a member of the Institute of Company Secretaries of India (ICSI) is working as a whole-time Company Secretary in an Indian company. He provided some confidential information of his employer company to a multinational company on his own and received a fee. Citing the relevant provisions, state whether X can accept such fee.
Answer & Explanation:
X is wrong as he has committed the professional misconduct for the reasons prescribed under PART II of Second Schedule of the Company Secretaries Act, 1980. PART-II: Professional misconduct in relation to members of the Institute generally. A member of the Institute, whether in practice or not, shall be deemed to be guilty of professional misconduct, if he- Contravenes any of the provisions of this Act or the regulations made thereunder or any guidelines issued by the council; Being an employee of any company, firm or person, discloses confidential information acquired in the course of his employment, except as and when required by any law for the time being in force or except as permitted by the employer; Includes in any information, statement, return or form to be submitted to the Institute, Council or any of its Committees, Director (Discipline), Board of Discipline, Disciplinary Committee, Quality Review Board or the Appellate Authority any particulars knowing them to be false; Defalcates or embezzles moneys received in his professional capacity. X, Being a Whole time Company Secretary of the Indian Company, can't disclose confidential information except as and when required by any law for the time being in force or except as permitted by the employer and can't accept fee also for the same, it is considered as Professional Misconduct under provisions of the Company Secretaries Act, 1980.
Topics: Professional Ethics
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