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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Empowerment of the Company Secretary Profession

An association named 'Indian Institute of Company Secretaries of India' adopts a seal almost identical to that of the ICSI, and the public is likely to be deceived. Which clause of Section 25(1) of the Company Secretaries Act, 1980 does this conduct contravene?

The conduct contravenes clause (a) of Section 25(1). That clause prohibits using a name or common seal identical to the Institute's, or resembling it closely enough to deceive or be likely to deceive the public. Clauses (b) and (c) deal with awards and regulating the profession.

  1. AClause (a), use of a name or common seal identical or nearly resembling the Institute's so as to deceive the publicCorrect
  2. BClause (b), awarding a degree or diploma in Company Secretaryship
  3. CClause (c), seeking to regulate the profession of Company Secretaries
  4. DNone, because a seal is not covered by Section 25

Explanation

Section 25(1)(a) prohibits using a name or common seal identical with, or so nearly resembling, that of the Institute as to deceive or be likely to deceive the public. The facts involve a deceptively similar name and seal, not an award or regulation of the profession.

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