"The Company Secretary has a vital role to play in the event of invocation of any action under the Companies Act, 2013." In light of this statement, outline the role of Company Secretary.
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2022
"The Company Secretary has a vital role to play in the event of invocation of any action under the Companies Act, 2013." In light of this statement, outline the role of Company Secretary.
Answer & Explanation:
The Company Secretary plays a vital role in the event of invocation of any action under the Companies Act, 2013 (the Act). The current regulatory scenario demands the Company Secretary be more vigilant and diligent specifically about the applicability of multiple laws and timely compliances there under. The role which a Company Secretary can play is briefly discussed below: To ensure timely compliances of the provisions of the Act to avoid any action for default or failure; To represent the Company before the Registrar of Companies (ROC), Regional Director (RD) or National Company Law Tribunal (NCLT), in the event of any action for default or failure; To develop a robust internal compliance system which generates the details of compliances undertaken and any compliance lapses in a timely manner; To initiate the compounding procedure in the event of any non-compliance(s) comes to light and to avoid recurrence of such non-compliances in future; and To ensure timely and appropriate disclosure pertaining to penalties or compounding offences or action by any authorities. Further, since the Practicing Company Secretaries are also covered under section 447 of the Act, they should ensure that they are not certifying any returns or issuing any report which contains any false certification or information or omits any material information or facts.
Topics: Company Law
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