Compliance Management, Audit and Due Diligence · Legal Framework Governing Company Secretaries

Membership and Members Known as Company Secretaries under Section 7

Updated 11 October 2026 · Fact-checked

Membership of the ICSI is divided into Associates (A.C.S.) and Fellows (F.C.S.). Section 7 says members in practice must, and other members may, use the designation Company Secretary, and no other description. Names are entered in the Register of members kept by the Council. Answer by stating the provision, applying it to the facts and concluding.

Understand Membership and Members Known as Company Secretaries

The Company Secretaries Act, 1980 creates the Institute of Company Secretaries of India. A person becomes a member only when his name is entered in the Register of members. Three things matter in this topic: who can be a member, what class of member he is, and what title he may use.

Section 5 divides members into two classes: Associates and Fellows. A person who qualifies under Section 4 and has his name entered in the Register is deemed an Associate. He may use the letters A.C.S. after his name. A Fellow uses F.C.S.

Section 4 lists who may have a name entered. These include a person who was an Associate or Fellow of the dissolved company, a holder of the Diploma in Company Secretaryship awarded by the Government of India, a person who has passed the prescribed examination and completed the prescribed training, and a person with an equivalent qualification and training obtained outside India that the Central Government or the Council recognises. Those in the first two groups are entered without paying an entrance fee. Others apply in the prescribed manner and pay the fee the Council notifies. The Council may also confer Honorary Fellow Membership on a person who has made a significant contribution to the profession. Such a person has no voting rights and pays no fee.

Section 7 deals with the title. Every member in practice shall, and any other member may, use the designation Company Secretary. No member using it may use any other description, either in addition or in place of it. The proviso allows a member to add letters showing membership of another institute recognised by the Council, or any other qualification he holds. It also allows a firm to be known as Company Secretaries if all its partners are members of the Institute and in practice.

Section 19 requires the Council to maintain the Register of members. A member's entry shows his full name, date of birth, domicile, addresses, date of entry, qualifications, whether any actionable information, complaint or penalty under Chapter V is pending or imposed, whether he holds a certificate of practice, and other prescribed particulars. Section 20 lets the Council remove a name, for example on death, on request, or for non-payment of a prescribed fee.

Key rules to remember

Classes of members (Section 5(1)): Members = Associates + Fellows; Associate uses A.C.S.; Fellow uses F.C.S. A person entered in the Register is deemed an Associate (Section 5(2)).
Fellowship eligibility (Section 5(3)): Associate + at least 5 years of continuous practice in India as a Company Secretary, or Associate for at least 5 continuous years with qualifications or experience prescribed by the Council as equivalent; Apply in the prescribed manner and pay the fee notified by the Council. A certificate of practice under Section 6 counts as practice, even if the member did not actually practise.
Designation (Section 7): Member in practice: shall use 'Company Secretary'. Other member: may use it. No other description in addition or in substitution.; The proviso permits other institute memberships recognised by the Council, other qualifications, and a firm name 'Company Secretaries' where all partners are members in practice.
Entry without entrance fee (Section 4(2)): Section 4(1)(a) and (b) persons: entered without entrance fee; Persons under clauses (c), (d) and (e) apply and pay the fee determined by the Council (Section 4(3)).
Register of members (Section 19): Council maintains Register; list of members published as on 1 April each year; Every member pays the annual membership fee determined by the Council.
Removal from Register (Section 20): Council may remove: dead, on request, non-payment of prescribed fee, disability under Section 8 or ceasing to be entitled. Council shall remove: where an order removes him from membership; A name removed for non-payment can be re-entered on application, with arrears and an additional fee notified by the Council.

How to solve Membership and Members Known as Company Secretaries questions

Use this order for any case or theory question on membership, designation or the Register.

1Identify what is asked: entry into membership, class of member, use of the title or letters, or the Register.
2State the provision in plain words: Section 4 for entry, Section 5 for classes, Section 7 for designation, Sections 19 and 20 for the Register.
3List the facts that matter: qualification, years as Associate, whether in practice, whether he holds a certificate of practice, and how he describes himself.
4Test each fact against the exact condition, such as five years continuous, in practice, or all partners members.
5Apply the proviso or exception if the facts raise one, for example another recognised membership or a firm name.
6Conclude clearly: eligible or not, permitted or not, and the consequence such as removal or disciplinary action.
7Add a practical point: apply in the prescribed manner, pay the fee, and keep the Register particulars current.

Quickest way: Four-question check

When to use it: When time is short and the question is a short case on title, letters or membership class.

Is the person entered in the Register? If not, he is not a member.
Associate or Fellow? Check five years of continuous practice or five years as an Associate with equivalent experience.
Is he in practice? If yes, he must use Company Secretary; if not, it is optional.
Is any other description used in addition or in place of it? If yes, Section 7 is breached unless the proviso applies.

Common mistakes in Membership and Members Known as Company Secretaries

Saying only members in practice may use the designation Company Secretary.
Students notice the word 'practice' and ignore the words 'any other member may'.
Fix: Write: members in practice shall use it, any other member may use it.
Treating a person who has only passed the exams as a member.
Passing the examinations feels like qualifying.
Fix: State that Section 4 also needs completed training, plus an application and fee, and that membership begins on entry in the Register.
Believing the proviso to Section 7 lets a member add any description he likes.
The proviso is read loosely.
Fix: Limit it to letters showing membership of another institute recognised by the Council, or other qualifications he holds, and to firm names where all partners are members in practice.
Writing that Fellowship is automatic after five years.
Students remember the five-year figure but not the conditions.
Fix: Mention continuous practice or the Council's prescribed experience, plus application in the prescribed manner and payment of fee.
Mixing up Honorary Fellows with ordinary Fellows.
Both are called Fellows.
Fix: An Honorary Fellow is conferred by the Council for significant contribution, has no voting rights and pays no fee (Section 4(5)).

Worked examples

Example 1

Rohan Mehta, an Associate for seven years, works as a compliance head in a company. He has never held a certificate of practice. He prints his visiting card as 'Rohan Mehta, ACS, Company Secretary, Corporate Governance Expert' and applies for Fellowship. Advise whether he can use 'Company Secretary' with that extra description and whether he qualifies for Fellowship.

Show the solution

Provision: Section 7 says a member in practice shall, and any other member may, use the designation Company Secretary. No member using that designation shall use any other description, either in addition to it or in substitution for it. The proviso excepts only letters showing membership of another institute recognised by the Council, any other qualification the member possesses, and a firm name where all partners are members in practice.
Facts: Rohan is a member not in practice. He may use the designation, but it is not compulsory. His card does use it, so the bar on other descriptions applies to the card as printed.
Analysis: 'Corporate Governance Expert' is a description added alongside 'Company Secretary'. Section 7 does not permit this unless the proviso applies. A self-chosen title is not membership of another recognised institute and is not a qualification he possesses, so the proviso does not help him.
Practical point: As the card uses the designation 'Company Secretary', Rohan must remove 'Corporate Governance Expert' from it. The letters A.C.S. are the letters Section 5(2) entitles an Associate to use after his name.
Fellowship: Section 5(3) gives two routes. The first is an Associate in continuous practice in India as a Company Secretary for at least five years. Rohan has never held a certificate of practice, so he cannot use this route. The second is an Associate for a continuous period of not less than five years who also has the qualifications or practical experience the Council prescribes, as equivalent to five years of practice.
Rohan's seven years as an Associate meet only the duration part of the second route. Duration alone is not enough. It is necessary but not sufficient. He also needs the Council-prescribed qualifications or experience equivalent to five years of practice. As a compliance head without a certificate of practice, he qualifies only if the Council accepts his experience as equivalent.
If the Council accepts it, he must still apply in the prescribed manner and pay the fee notified by the Council before he is entered as a Fellow.

Answer: Rohan may use 'Company Secretary', but a member who uses that designation must not use any other description in addition to it. 'Corporate Governance Expert' does not fall within the proviso, so he must remove it from the card. Seven years as an Associate is necessary but not sufficient for Fellowship. He qualifies only if the Council accepts his experience as equivalent to five years of practice under the qualifications or experience it has prescribed. If it does, he must also apply in the prescribed manner and pay the notified fee.

Example 2

Three members, Anita, Bhavna and Charu, all Company Secretaries in practice, form a firm and want to trade as 'ABC Company Secretaries'. A fourth partner, Dinesh, is a chartered accountant but not a member of the Institute, and wishes to join. Can the firm continue to use that name?

Show the solution

Provision: The proviso to Section 7 allows a firm to be known by its firm name as Company Secretaries only if all its partners are members of the Institute and in practice.
Facts: Anita, Bhavna and Charu qualify. Dinesh is not a member of the Institute.
Analysis: With Dinesh as a partner, not all partners are members in practice. The condition fails.
Conclusion: The firm cannot use the name 'Company Secretaries' while Dinesh is a partner.
Practical point: The firm may choose a name without the designation, or Dinesh may stay out of the partnership.

Answer: No. The firm can use the name only if all partners are members of the Institute in practice. Dinesh's admission breaks that condition.

Exam tips

Quote Section 7 almost word for word: 'shall' for members in practice, 'may' for others. Examiners test this difference.
Use the structure provision, facts, analysis, conclusion for every case question, even a short one.
Link the Register to the certificate of practice: Section 19 records whether a member holds one. This connects this topic to practice-related chapters.
Learn the five-year condition for Fellowship precisely, including the alternative route through prescribed experience.
Give section numbers only for those you are sure of: 4, 5, 7, 19 and 20 are covered here.

Practice questions from Legal Framework Governing Company Secretaries

Membership and Members Known as Company Secretaries: frequently asked questions

What does Section 7 of the Company Secretaries Act, 1980 say?

It says every member in practice shall, and any other member may, use the designation Company Secretary. No member using it may use any other description in addition or in substitution. The proviso allows other recognised institute memberships, other qualifications, and firm names where all partners are members in practice.

What is the difference between an Associate and a Fellow?

A person entered in the Register is deemed an Associate and uses A.C.S. An Associate may be entered as a Fellow, using F.C.S., after five years of continuous practice, or five continuous years as an Associate with the experience the Council prescribes. He must apply and pay the fee.

Can a company secretary not in practice use the title Company Secretary?

Yes. Section 7 says any other member may use it. Use is compulsory only for members in practice.

What details does the Register of members contain?

Under Section 19 it includes the member's full name, date of birth, domicile, addresses, date of entry, qualifications, any pending or imposed actionable information, complaint or penalty under Chapter V, whether he holds a certificate of practice, and other prescribed particulars.