Company Secretary

3 weeks ago

Kolkata West Bengal, India Recex Full time

**Opening**:
1 Nos.**Job ID**:
82024**Employment Type**:
Full Time**Reference**:
**Work Experience**:
4.0 Year(s) To 12.0 Year(s)**CTC Salary**:
6.00 LPA TO 12.00 LPA**Function**:
Accounts / Finance / Tax / CS / Audit**Industry**:
Account/Finance/Tax consulting**Location**:
Kolkata

**Posted On**:
25th Apr, 2024

The company secretary is a building block of a company; he must perform his duties with reasonable care. Other than being a legal mentor he must ensure all business procedures to be matching with all legal provisions; if not complied he may be held responsible for misconduct and may be dismissed on grounds of dishonesty or infringement of legal rights of the company.

**Duties as per Companies Act**:
**Duties as per Income **Tax** Act**:

- To verify and submit attested returns & forms; to oversee authentication and filing procedure of TDS (Tax Deducted at source); ensuring that proper TDS is being deducted from the salary of employees; ensuring TDS reports are well maintained and submission of TDS to government is duly done.

**Duties as per Other Acts**:

- Obtaining government approvals; complying with regulatory procedures of Industrial disputes; FEMA Act; State Insurance Act; Depositories Act 1996; Foreign Exchange Management Act; monitoring and complying with various legal laws like Labour laws; Competition Laws; Environmental laws, etc.

**Other General Duties of a Company Secretary**:

- Advising authorities and BOD (Board of Directors) in risk management; business policies and strategies; corporate social responsibilities; brand equity & image building; managing intellectual rights of the company; ensuring healthy communication between stakeholders; authorities and government.

**Key Responsibilities of a Company Secretary in Practise**
- **CS as a Business Benefactor**:The Companies act gives specific right to a company secretary
- to exercise promotion and incorporation of companies; to handle company audit and certification services; to sign annual returns; to handle corporate restructuring and takeovers; to scrutinize reports and voting procedures in a transparent manner; to administer revival of sick companies; to become a technical member of Company Law Tribunal; to investigate cases of taxation and corporate affairs.
- **CS as an Auditor**:To ensure corporate discipline and compliance with the laws; the Companies Act confides a company secretary to annex a Secretarial Audit Report to the authorities in form MR-3 ensuring compliances of the company with procedures defined in general laws and legal acts; to report any offensive matter of fraud found to government.
- **CS as an Advising Agent**:CS works as advising agent in cases of - issue of shares; drafting of prospectus/sale letter/issues related to securities/private placement and buyback of shares; raising funds from international markets; loan syndication and documentation; income tax planning; drafting of legal documents; in matters of intellectual property rights; guiding in policies of merger; amalgamation and joint ventures, etc.

**Statutory Restrictions and Powers of a Company Secretary**

A Company Secretary is legally bounded to restrictions and liable policies defined by ICSI and various regulatory authorities. As a representative body of a company he is
- liable for any negligence done on his part which may result in the discharge of his duties; liable for doing anything beyond his authority; under the obligation of keeping secrets of a company from outsiders; liable to be dismissed on account of making any secret profits from company. Other than this he - cannot enter into a contract on behalf of the company unless authorized by directors; cannot borrow money in name of the company; cannot acknowledge a debt against a suit against a company; can not register or transfer shares without due authority of BOD.

**Conclusion**:
The role of company secretaries is at the pace of growth in Indian companies; with an increase in number of compliances the need and responsibilities of CS cannot be neglected. If a company does not comply with the advent procedures of Companies Act and other authoritative laws; it may run into a number of penalties to which only a Company Secretary counters.

**Key Skills**:
"company Secratory"

Cs

**Company Profile**

We are a single window, multilateral and diversified banking and financial - and merchant banking - solution provider. We have over two decades of experience in serving satisfactorily to our clientele across various sectors in the Indian market. We are known for our customer-centric approach offering end to end funding solution to our clients.

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