The Secretarial Audit lays the groundwork for the establishment of an ongoing Secretarial and Legal Compliances. Being a practicing Company Secretary what would you do while: (i) Communicating to the earlier incumbent

CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2021
The Secretarial Audit lays the groundwork for the establishment of an ongoing Secretarial and Legal Compliances. Being a practicing Company Secretary what would you do while: (i) Communicating to the earlier incumbent

Answer & Explanation:

Communication to earlier Incumbent Whenever a company secretary in practice is engaged as a secretarial auditor in place of an earlier incumbent, he shall communicate to the earlier incumbent about the proposed engagement in writing to be sent by registered/ speed post or any other mode of delivery, as may be recognised by the Institute of Company Secretaries of India. The Council of ICSI at its meeting held on 16th March, 2019 has made amendments in Guidelines wherein for Practice Company Secretaries, communication to previous incumbent would be mandatory before accepting the assignment, in terms of Clause (8) of Part I of the First Schedule to the Company Secretaries Act, 1980. The Council has approved the some services in respect of which it shall be mandatory to communicate to the previous incumbent (Company Secretary) before accepting the assignment in terms of terms of clause (8) of part I of the First Schedule to the Company Secretaries Act, 1980, which includes the Issuance of Secretarial Audit Report in terms of Section 204 of the Companies Act, 2013 and Issue of Secretarial Audit Report to material unlisted subsidiaries of Listed entities (whose equity shares are listed) under Regulation 24A of SEBI (LODR) Regulations, 2015.

Topics: Secretarial Audit

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