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  • Writer's pictureShruti Sharma

Section 205 of Companies Act, 2013-Functions of Company Secretary

Updated: Oct 7, 2022





A company secretary is an officer of the company who is in charge of ensuring that the terms of the Companies Act, 2013 and other corporate, tax, industrial, and economic laws that apply to enterprises, in general, are followed.

The company secretary's functions shall include the following: 

1. a) to report to the Board about compliance with the provisions of this Act, the rules made thereunder, and other laws applicable to the company:-

According to section 205(1) (a), one of the functions of the company secretary is to report to the board on compliance not only with the Companies Act but also with all other Acts that apply to the company. This particular provision, which has been inserted in the Companies Act for the first time, is quite significant and asks for greater responsibility on the part of the CS (company secretaries), either in full-time practice or in employment, as the case may be.

b) to ensure that the company adheres to the applicable secretarial standards;

The compliance part of any business demonstrates that the firm is compliant and also aids in the development of the company's image and brand - the company secretary has a greater role to play in ensuring compliance by completing the following steps:

- In the first instance, identify all applicable statutes, and further Conduct checks to ensure compliance with each law's requirements.

c) Discharging Duties as applicable (as may be prescribed)

The term "secretarial standards" refers to secretarial standards set by the Institute of Company Secretaries of India, which was established under Section 3 of the Company Secretaries Act, 1980, and is approved by the Central Government.

2. The provisions of sections 204 and 205 have no effect on the duties and functions of the Board of Directors, chairperson of the company, managing director, or whole-time director under this Act or any other law in force at the time.

Section 205 of the Companies Act of 2013 should be read in conjunction with Rule 10 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules of 2014.

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