Section 205 of the Companies Act, 2013

Section 205 of the Companies Act, 2013 outlines the functions of the Company Secretary.

📜 Section 205 – Functions of Company Secretary

This section defines the statutory responsibilities of a Company Secretary appointed under Section 203.

🔹 Key Functions of the Company Secretary:

According to Section 205(1), a company secretary shall report to the Board and be responsible for:

Ensuring Compliance:

Ensure the company complies with the provisions of the:

Companies Act, 2013,

Applicable rules,

Other laws applicable to the company,

Secretarial standards issued by ICSI (Institute of Company Secretaries of India).

Providing Guidance:

Guide the directors on their duties, responsibilities, and powers under the Act.

Facilitating Board Procedures:

Facilitate the calling and convening of meetings (Board, committees, and general meetings).

Maintain minutes of meetings.

Obtaining Approvals:

Help in obtaining approvals from the Board, general meeting, government, and other authorities as required.

Representing the Company:

Represent the company before various regulators and authorities under the Act.

Assisting the Board:

Assist the Board in the conduct of the affairs of the company.

Other Duties:

Perform any other functions as may be prescribed.

🔸 Section 205(2):

The Central Government may prescribe additional duties of the Company Secretary.

✅ Purpose:

To ensure that the company operates legally and ethically, and that the Board is well-supported in its governance responsibilities.

 

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