CS Professional · Compliance Management, Audit and Due Diligence · Legal Framework Governing Company Secretaries
Meera Iyer is an Associate member of the Institute of Company Secretaries of India and has never applied for a certificate of practice. She begins issuing compliance certificates to clients and tells them she is a Company Secretary in practice. Under the Company Secretaries Act, 1980, what is her position?
Meera is not entitled to practise because section 6(1) requires a certificate of practice from the Council. By representing herself as in practice without one, she is punishable under section 24(b). Membership alone confers no right to practise.
- AShe may practise, because membership of the Institute alone entitles her to practise
- BShe is not entitled to practise and is liable to punishment under section 24 for representing that she is in practice without a certificateCorrect
- CShe may practise in India but not elsewhere without a certificate
- DShe may practise if she pays the annual fee within the financial year after starting
Explanation
Section 6(1) bars a member from practising unless the Council has granted a certificate of practice. Section 24(b) punishes a member without a certificate who represents that she is in practice or practises. Membership alone is not enough, so the first option is wrong.
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