It is not a necessity for the limited companies legally to appoint any company secretary unless the articles of the stated association claim it otherwise. If your firm has been registered as a private company before April 6th, 2008 then your articles are noted to have this provision. But, the guarantors and shareholders can easily remove it at any time by just passing a special resolution. If you fail to remove the clause, then you are legally asked to appoint a secretary from company secretary services in India all the time. Companies, which don’t have such provisions, can always choose to either opt for secretarial services or not, whenever they want.
Heading towards the practical view:
Now, you must be wondering if your company is literally in need of a secretary service or not. Let’s get to the practical view of it all. Companies make it a point to appoint secretaries to reduce the workload of the directors, who play a major role in the growth of a firm. It usually takes place by helping them with statutory duties and even the responsibilities. It is true that the specified duty of a secretary is supposed to vary from one firm to another. Let’s just learn more about those basic working characteristics to know if your firm is indeed in need of a secretary service or not.
- The secretary is given the task to maintain a company’s address. The person is directly addressable to the head of the company like a director or CEO if needed.
- The secretary is the one to monitor finances and maintain all sorts of accounting records. You need their services to prepare tax returns and annual accounts, at the same time.
- Some companies will hire secretaries to prepare and fill the annual confirmation statement and register with the VAT, corporate tax and more. The secretary will also maintain business stationery and arrange for the shareholder and director’s meetings.
- The same person will be given the responsibility to notify parties about meetings. They will further arrange, distribute and store minutes of the meetings, already taken place.
- Larger and smaller companies are in need of secretarial services to manage statutory records.
- Sometimes when the main head of the company, like the director, is absent, then the secretary will be the one to sign the documents on behalf of the director and also preparing reports of directors and auditors.
People who can hold the post of company secretary and who cannot:
There are so many candidates, who are willing to hold the post of a director’s secretary and gain a solid salary at the end of every month. There are certain candidates, who can always be eligible to be appointed as the company’s secretary and perform some of the major company law and secretarial practice of all time.
- Any individual person or another example of a limited company
- Professional chartered secretary or solicitor or your accountant
- Director, guarantor or shareholder or an administrative servicing firm
But, you should also know some of the restrictions while trying to appoint anyone as your secretary. You are not supposed to appoint anyone as a secretary if that person is under the age of 16. Moreover, you cannot select that person as a secretary if he or she is a declared bankrupt or auditor of the company. Even a disqualified director will miss his or her chance to be the company’s secretary for sure. Even though a secretary will be burdened with loads of specified tasks, it is always the directors in the end, who are held responsible for ensuring that the firm fulfills all its statutory obligations. So, careful selection is always the prime motto around here.
Looking for the best company secretary:
Based on the field your business is into, the type of secretary selection is subject to change. The secretary you are planning to select for your company should have the necessary ideas in the company law and secretarial practice. She needs to be quick and efficient in her work. The secretary always needs to be on her toe to address the director’s requirements without wasting time. Moreover, learning what the director is demanding for and providing the same is yet another talent to focus over here. Companies can either ask for a secretary from digital sectors like online job platforms or can give an advertisement in the local newspaper.
Ways to appoint a secretary:
It is really simple to appoint a secretary. First of all, you need to go through a direct and detailed communicative session with the person to know more about his or her eligibility and educational qualifications. Don’t forget to check the person’s proficiency in the English language and communicative skills. After judging the candidate to the core, the company will make its final decision of selecting the person for the post or not.
The final result of either appointing a secretary or not will rely on the hands of the company’s director and the management committee. Depending on the workload that the director has to go through, the need and demand for secretarial services will vary from one firm to another.