Company law work of private limited company

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

18 December 2017 Can a CA holding COP appointed as a professional consultant in a private limited company do all the tasks which a CS can do example: issue board or annual meeting notice, minutes of meeting, filing annual returns etc.

Querist : Anonymous

Querist : Anonymous (Querist)

18 December 2017 Please provide your opinion

Asha Kanta Sharma online

Asha Kanta Sharma

(Expert)
Follow

06 July 2024 Yes, a Chartered Accountant (CA) holding a Certificate of Practice (COP) can indeed perform many of the tasks typically associated with a Company Secretary (CS) in a private limited company. Here’s how:

1. **Board Meeting and Annual General Meeting Notices:**
- A CA can prepare and issue notices for board meetings and annual general meetings (AGMs) as per the Companies Act, 2013 requirements.
- Notices must comply with legal formalities regarding timing, content, and mode of delivery.

2. **Minutes of Meetings:**
- A CA can draft minutes of board meetings and AGMs based on the discussions and decisions taken during these meetings.
- Accuracy and completeness are crucial, as these documents serve as official records of corporate decisions.

3. **Filing Annual Returns:**
- A CA can assist in preparing and filing annual returns with the Registrar of Companies (RoC).
- This includes ensuring all financial and compliance-related information is accurately disclosed and submitted within the stipulated timelines.

4. **Other Compliance Activities:**
- CA can advise on and ensure compliance with various statutory requirements under the Companies Act, 2013, such as maintenance of statutory registers, filings related to changes in shareholding or directorship, etc.
- They can also provide guidance on corporate governance practices and regulatory compliance.

### Key Considerations:
- **Scope of Practice:** While a CA can perform many company secretarial functions, there are specific tasks that are legally mandated to be performed by a qualified Company Secretary. For instance, certain certifications or attestations required under the law may need a CS’s expertise.

- **Collaboration:** Often, CAs and CSs work collaboratively within organizations to ensure comprehensive compliance and governance. Where specialized CS functions are required by law, it's advisable to engage a CS.

- **Legal Compliance:** It’s essential to ensure that all tasks performed by a CA align with the legal requirements and are in adherence to applicable regulations and guidelines.

In summary, while a CA with COP can handle several company secretarial tasks, including issuing notices, drafting minutes, and filing returns, there are specific roles and responsibilities under company law that may necessitate the involvement of a qualified Company Secretary for compliance and legal assurance purposes.

Upgrade to CAclubindia Pro. Subscribe Now!