Section 2: Definitions and interpretation

Section 2: Definitions and interpretation · Complied AI

(2)

Save as otherwise provided in this Act, a member of the Institute shall be deemed to be in practice when, individually or in partnership with one or more 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,

(a)

engages himself in the practice of the profession of Company Secretaries to, or in relation to, any company; or

(b)

offers to perform or performs services in relation to the promotion, forming, incorporation, amalgamation, reconstruction, reorganisation or winding up of companies; or

(c)

offers to perform or performs such services as may be performed by

(i)

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,

(ii)

a share transfer agent,

(iii)

an issue house,

(iv)

a share and stockbroker,

(v)

a secretarial auditor or consultant,

(vi)

an adviser to a company on management, including any legal or procedural matter falling under 10 [***], the Industries (Development and Regulation) Act, 1951 (65 of 1951), the Companies Act, the Securities Contracts (Regulation) Act, 1956 (42 of 1956), any of the rules or bye-laws made by a recognised stock exchange, 11 [the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Foreign Exchange Management Act, 1999 (42 of 1999), the Competition Act, 2002 (12 of 2003)], or under any other law for the time being in force,

(vii)

issuing certificates on behalf of, or for the purposes of, a company; or

(d)

holds himself out to the public as a Company Secretary in practice; or

(e)

renders professional services or assistance with respect to matters of principle or detail relating to the practice of the profession of Company Secretaries; or

(f)

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.

1. Ins. by Act 8 of 2006, s. 2 (w.e.f. 8-8-2006).

2. Ins. by Act 12 of 2022, s. 74 (w.e.f.10-5-2022).

3. Subs. by s. 74, ibid., for "Companies Act, 1956". (w.e.f.10-5-2022).

4. Ins. by Act 4 of 2012, s. 2 (w.e.f. 8-1-2012).

5. Subs. by Act 12 of 2022, s. 74, for clause (ga) (w.e.f.10-5-2022).

6. Ins. by Act 4 of 2012, s. 2 (w.e.f. 8-1-2012).

7. Subs. by Act 12 of 2022, s. 74, for clause (j) (w.e.f.10-5-2022).

8. Ins. by Act 8 of 2006, s. 2 (w.e.f. 8-8-2006).

9. Ins. by Act 12 of 2022, s. 74 (w.e.f. 10-5-2022).

10. The words "the Capital Issues (Control) Act, 1947 (29 of 1947)" omitted by s. 74, ibid., (w.e.f.10-5-2022).

11. Subs. by s. 74, ibid., for "the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969), the Foreign Exchange Regulation Act, 1973 (46 of 1973)"(w.e.f.10-5-2022).