secretarial audit & company secretaries employement ppt
TRANSCRIPT
Secretarial Audit & Company Secretaries in Employment
ORGANIZERS : GURGAON CHAPTER OF NIRC OF ICSI
08.08.2014Presented by : AJAY GARG,
Team AGBians
Pre – 1996 Era
1996- 2006 Era
Post – 2006 Era
Future Perfect
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
Can Secretarial Audit transform this current situation?
Yes This will AJAY GARG,
Team AGBians
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
Secretarial Audit & Company Secretaries in Employment
Issues at the Desk of
Company Secretaries in Employment
AJAY GARG, Team AGBians
Which Laws will be covered ?
Only Company Law or Corporate Laws or all Laws
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
How much time Secretarial Audit will take ?
One Day, One Week or One Month
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
Which Type of PCS I shall Prefer? Seasoned Company Secretary or Fresher Company Secretary
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
What will happen to my job if SA report is qualified ?
Management is unlikely to appreciate qualified report
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
What fees is appropriate?
For Secretarial Audit
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
My Company don’t have Centralized Compliance Calendar
How shall I Prepare such calendar – Nobody to guide?
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
In my Company other departmental heads are reluctant to provide compliance information !
What to do?I have no other source to collect the information.
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
Why the fee quoted for Secretarial Audit is so high ?
Even I am thinking to jump into practice
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
What are right qualities to be good secretarial auditor?
How I will identify while selecting PCS?
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
My management is reluctant to shell out 2-3 Lacs Rs.And have asked me to appoint friendly Secretarial Auditor ?
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
What is the ideal time to appoint?
Right Now or after April, 2015
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
How Secretarial Auditor shall be appointed ?
By MD /Board / GM
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
Is there any benefit of Interim Review?
Law don’t talk about interim review
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
Why PCS are asking about No. of Manufacturing units, sales depots, other outlets Etc. before giving their quote ?
My management may not like to share information
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
How shall I convince the management and other departmental heads about the benefits of Secretarial Audit ?
Other than Legal requirements
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
Departmental Heads are postponing the free flow of Information and treat my reminders as wastage of their time!
How to convince them?
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
I don’t have any assistant , how will I cope with so much pressure ?
Management does not listen to my predicament
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
To confess nobody in my company know the exact number of laws applicable - neither my boss nor any other person in company has such list ?
How to prepare such list?
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
Periodic Compliances are still OK but how will I prepare the list of event based Compliances ?
As I am not informed about each and every event by Management
Secretarial Audit & Company Secretaries in Employment
AJAY GARG, Team AGBians
Is there any list of acts and compliances readily available in the market?
If not then who will prepare this, Me or Secretarial Auditor ?
Secretarial Audit & Company Secretaries in Employment
Duty of company S204(2)
Give Assistance and Facilities to the Company Secretary in Practice
For Auditing the Secretarial and Related records of the Company
AJAY GARG, Team AGBians
Secretarial Audit & Company Secretaries in Employment
Ways to Ensure Compliance
• Compliance Calendar
• Alert or Reminders
• Excel Sheets
• E-mails
• Presentation
• Interactive Sessions AJAY GARG, Team AGBians
Secretarial Audit & Company Secretaries in Employment
Ways to Ensure Compliance
• Notifications
•Formal Meetings with Departmental Heads
•Casual Meetings
•Newspaper Cuttings
•Formal Trainings AJAY GARG, Team AGBians
Secretarial Audit & Company Secretaries in Employment
Ways to Ensure Compliance
• Create Curiosity
• Create awareness about Roles & Responsibilities
• Awareness about Laws & Penal Provisions
AJAY GARG, Team AGBians
Secretarial Audit & Company Secretaries in Employment
Ways to Ensure Compliance
Strengthening of Secretarial Dept
By way of inducting qualified / semi qualified staff
Carrying out Internal Audit sort of activity in-house
Updating of KnowledgeAJAY GARG,
Team AGBians
Secretarial Audit & Company Secretaries in Employment
Penal provisions•Company•Every Officer of the Company•Company Secretary in Practice
Fine (Individually)Minimum Fine 1 LacMaximum Fine 5 LacAJAY GARG,
Team AGBians
Secretarial Audit & Company Secretaries in Employment
Every Officer …DefinedS2(59)
•Director
•Manager
•Key Managerial Personnel
•Shadow/ Representative Director
AJAY GARG, Team AGBians
Secretarial Audit & Company Secretaries in Employment