How To Obtain Certificate Of Practice
A member of the Institute shall be deemed 'to be in practice' when, individually or in partnership with one or more of members of the Institute in practice or in partnership with members of such other recognised professions as may be prescribed, he, in, consideration of remuneration received or to be received,-
- engages himself in the practice of the profession of Company Secretaries to , or in relation to, any company; or
- offers to perform or performs services in relation to the promotion, forming, incorporation, amalgamation, reconstruction, reorganization or winding up of companies ; or
- offers to perform or performs such services as may be performed by-
- An authorised representative of a company with respect to filing, registering, presenting, attesting or verifying any documents (including forms, applications and returns) by or on behalf of the company.
- A share transfer agent.
- An issue house,
- A share and stock broker,
- A secretarial auditor or consultant
- An adviser to a company on management, including any legal or procedural matter falling under the Capital Issues (Control) Act, 1947, (29 of 1947), the Industries (Development and Regulation) Act, 1951( 65 of 1951), the Companies Act, the Securities Contracts (Regulation) Act, 1956 ( 42 of 1956) any of th rules or bye-laws made by a recognised stock exchange ,the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969) , the Foreign Exchange Regulation Act, 1973 (46 of 1973) , or under any other law for the time being in force.
- Issuing certificates on behalf of, or for the purposes of, a company; or
- holds himself out to the public as a Company Secretary in practice; or
- renders professional services or assistance with respect to matters of principle or detail relating to the practice of the profession of Company Secretaries; or
- renders such other services as, in the opinion of the Council, are or may be rendered by a Company Secretary in practice;
and the words " to be in practice" with their grammatical variations and cognate expressions, shall be construed accordingly.
(Ref: Sub. Section 2 of Section 2 of The Company Secretaries Act, 1980).
No member of the Institute shall be entitled to practice, whether in India or elsewhere unless he has obtained from the Council a Certificate of Practice. (Ref: Section 6(1) of the Company Secretaries Act, 1980)
A member of the Institute may apply to the Council in the appropriate form for issue of a Certificate of Practice entitling him to practice as a Company Secretary anywhere in India.
In the case of renewal of the Certificate of Practice the Secretary shall issue a letter extending the validity period of the Certificate of practice for that year in the appropriate form.
A member who ceases to be in practice shall not later than thirty days from the date he ceases to be in practice intimate the fact to the Council in writing.
A member who ceases to be in practice or whose certificate of practice has been cancelled under regulation 11 shall surrender forthwith the certificate of practice held by him to the Secretary.
(Ref: Regulation 10 of The Company Secretaries Regulations, 1982.)
A practicing member of the Institute is not allowed to engage in any business or occupation other than the profession of company secretary, without obtaining the prior permission of the Council.
Form and Fee
A Member has to apply for Certificate of Practice in Form D alongwith a relieving order from the last employer, if any, together with a requisite fee of Rs.1000/-. In case he is unable to submit the copy of relieving order, he may submit a declaration that at present he is not in employment.
Restoration of Certificate of Practice
A Member whose certificate of practice has been cancelled may apply for its restoration if he is otherwise eligible for such restoration, by paying the arreas of the annual certificate fees for the previous years, if any, and the annual certificate fee for the year in which his certificate of practice is required to be restored, subject to a minimum amount of Rs. 1000/- and a restoration fee of Rs 250/-.
Once CP is cancelled, fresh CP has to be obtained.
- After enrolment, the annual membership fee and renewal fee for certificate of practice (alongwith the declaration form) are due and payable on the first day of April every year. Any person who has not paid his annual membership fee/annual certificate of practice fee on or before 30th June of that year shall be liable to his name being removed from the Register w.e.f. 1st July of that year without any further notice.
- Half payment of the annual associate/ certificate of practice fee shall be payable for the first year by a person admitted on or after 1st day of October of that year.
- An associate/fellow, who is of the age of fifty-five years and above and not in any gainful employment or in practice, shall pay half of the annual membership fee subject to submission of declaration to the said effect.