Write notes on the following: A practicing Company Secretary, who is in practice since 2010 with LL.B. degree intends to be empanelled as 'Mediator or Conciliator' under Companies (Mediation and Conciliation) Rules 2016.
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2023
Write notes on the following: A practicing Company Secretary, who is in practice since 2010 with LL.B. degree intends to be empanelled as 'Mediator or Conciliator' under Companies (Mediation and Conciliation) Rules 2016. Can he be empanelled? If not, why ?
Answer & Explanation:
To determine if a Practicing Company Secretary (PCS) with an LL.B. degree, in practice since 2010, can be empanelled as a 'Mediator or Conciliator' under the Companies (Mediation and Conciliation) Rules, 2016, we refer to the eligibility criteria: According to Rule 4(f) of Companies (Mediation and Conciliation) Rules, 2016 , a person shall not be qualified for being empanelled as mediator or conciliator unless he is a qualified legal practitioner for not less than ten years. According to Rule 4(g) of Companies (Mediation and Conciliation) Rules, 2016 , a person shall not be qualified for being empanelled as mediator or conciliator unless he is or has been a professional for at least fifteen years of continuous practice as Chartered Accountant or Cost Accountant or Company Secretary. In the given situation: The PCS has been in practice since 2010, which means he has 13 years of experience (as of 2023, assuming the exam year). This does not meet the 15 years of continuous practice requirement for a Company Secretary under Rule 4(g). Although he holds an LL.B. degree, merely having an LL.B. degree does not automatically qualify him as a 'qualified legal practitioner' for the purpose of Rule 4(f). To be a qualified legal practitioner, one typically needs to be enrolled as an Advocate with the Bar Council and actively practicing law. The question states he is a Practicing Company Secretary, not a practicing advocate. Therefore, the Practicing Company Secretary in this scenario is not eligible to be empanelled as a 'Mediator or Conciliator' because he does not fulfill the minimum experience requirement of 15 years for a Company Secretary, nor is he explicitly stated to be a qualified and practicing legal practitioner for 10 years.
Topics: Mediation and Conciliation
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