Explain the role of a company secretary in Investor Education and Protection.
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2020
Explain the role of a company secretary in Investor Education and Protection.
Answer & Explanation:
An informed investor is more precious than the investment. Investors provide the much needed capital which, combined with entrepreneurial skills, results in successful corporate. These corporates provide goods and services, taxes and employment, and fuel economic growth. Therefore, it is very important that investors are educated, enlightened and well informed to be able to take sound investment decisions and to protect their interests. Recognising the importance of shareholder rights and investor protection, the Companies Act, 2013 introduced some important changes to the company law regime in India and has plugged many loopholes. It upholds shareholders democracy and investor protection in many ways. A significant development has been the inclusion pertaining to 'Class Action Suit' (Section 245) to strengthen the concept of shareholders democracy. The ICSI as a national body and its members as corporate governance professionals, have played a significant role in the area of investor education and protection. The role of a Company Secretary is also increased due to the developments in Investor Education & Protection laws. A glimpse of the roles of Company Secretaries are as under: Compliance with Securities Laws: Under securities laws such as Securities Contracts (Regulation) Act, 1956, Depositories Act, 1996, regulations and guidelines issued by SEBI under SEBI Act, 1992, the authorities have made various provisions related to Investor Education & Protection. A Company Secretary has an important role in ensuring compliance with these provisions. Verification and Certification: Under various laws for equity, debt listing, Indian Depository Receipts, company secretaries have been recognized to verify compliances and to issue certificates. Promoting Capital Market Integrity: A better regulated capital market automatically brings development for the country and a strong regulated capital market instils confidence among the investors that their money is safe. The company secretaries are expected to exercise sensitive professional and moral judgments in all their activities, while carrying out their professional responsibilities. They should accept the obligation to act in a way that will serve public interest, honour public trust and demonstrate commitment to professionalism. Maintaining Public Confidence: The Company Secretaries are expected to maintain and broaden public confidence and perform all professional responsibilities with the highest sense of integrity.
Topics: Investor Protection
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