Referring to the provisions of the Companies Act, 2013, explain whether the Company Secretary being a Chief Financial Officer of the company can be held liable for maintenance of books of account of the company.

Liability of Company Secretary (CS) as Chief Financial Officer (CFO) for Maintenance of Books of Account To determine whether a Company Secretary (CS) who also holds the position of Chief Financial Officer (CFO) can be held liable for the maintenance of books of account, we refer to the provisions of the Companies Act, 2013. Relevant Legal Provision: Section 128 of the Companies Act, 2013, deals with the maintenance of books of account, etc., by a company. Specifically, sub-section (6) of Section 128 identifies the persons responsible for ensuring compliance with the requirements of maintaining books of account. It states that the following persons shall be responsible to take all reasonable steps to secure compliance by the company with the requirement of maintenance of books of account and other relevant books and papers: The Managing Director (MD). The Whole-Time Director (WTD) in charge of finance. The Chief Financial Officer (CFO) . Any other person of a company charged by the Board with the duty of complying with the provisions of Section 128. Application to the Case: In the given scenario, the Company Secretary (CS) is also functioning as the Chief Financial Officer (CFO) of the company. As per Section 128(6), the Chief Financial Officer (CFO) is explicitly listed as one of the individuals responsible for ensuring the maintenance of books of account. Therefore, if the Company Secretary holds the position of CFO, they automatically fall under the category of persons liable for the maintenance of books of account. Conclusion: Yes, referring to the provisions of the Companies Act, 2013, the Company Secretary, being a Chief Financial Officer (CFO) of the company, can be held liable for the maintenance of books of account of the company, as the CFO is specifically designated as a responsible person under Section 128(6) of the Act.