Section 205: Functions of company secretary
This section outlines the roles and responsibilities of a company secretary in relation to compliance and secretarial standards.
The section, clause by clause
What the section says
In plain terms
(1)The functions of the company secretary shall include,—
The company secretary's functions include reporting to the Board about compliance with the Act and other laws, ensuring the company complies with secretarial standards, and performing other prescribed duties.
(1)(a)to report to the Board about compliance with the provisions of this Act, the rules made thereunder and other laws applicable to the company;
(1)(b)to ensure that the company complies with the applicable secretarial standards;
(1)(c)to discharge such other duties as may be prescribed.
explanationExplanation.—For the purpose of this section, the expression “secretarial standards” means secretarial standards issued by the Institute of Company Secretaries of India constituted under section 3 of the Company Secretaries Act, 1980 (56 of 1980) and approved by the Central Government.
(2)The provisions contained in section 204 and section 205 shall not affect the duties and functions of the Board of Directors, chairperson of the company, managing director or whole-time director under this Act, or any other law for the time being in force.
The duties of the company secretary do not replace the responsibilities of the Board of Directors, chairperson, managing director, or whole-time director under the Act or other laws.
(2)CHAPTER XIV INSPECTION, INQUIRY AND INVESTIGATION
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. Subs. by Act 22 of 2019, s. 30, for sub-section (5) (w.e.f. 2-11-2018).
- 2. Subs. by Act 29 of 2020, s. 41, for certain words (w.e.f. 21-12-2020).
This section refers to
Search the whole Act, or ask it a question, in the interactive browser.
Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.