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

Tarang Foods Ltd's board meeting notice was sent with a shorter gap than the applicable secretarial standard requires. The company secretary, Mr. Arjun Pillai, is asked whether ensuring compliance with secretarial standards is his function. Under Section 205, which statement is correct?

Ensuring compliance with applicable secretarial standards is a function of the company secretary under Section 205(1)(b). The Explanation defines secretarial standards as those issued by the Institute of Company Secretaries of India and approved by the Central Government, not standards issued by SEBI or any other body.

  1. AIt is his function, and secretarial standards mean those issued by ICSI and approved by the Central GovernmentCorrect
  2. BIt is not his function because secretarial standards are advisory guidelines only for directors
  3. CIt is his function, and secretarial standards mean those issued by SEBI and approved by the Central Government
  4. DIt is the function of the chairperson alone and the company secretary has no role

Explanation

Section 205(1)(b) requires the company secretary to ensure that the company complies with applicable secretarial standards. The Explanation defines them as standards issued by ICSI and approved by the Central Government. SEBI-issued standards are not what the section refers to.

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