Legal

Company Secretary Consultation

By G R Hari3 min read

Quick Answer

Company Secretary Consultation India is a vital service for businesses seeking to ensure legal compliance and effective corporate governance. A Company Secretary (CS) is a key managerial personnel under the Companies Act, 2013, responsible for advising the board on legal matters, maintaining statutory records, and ensuring adherence to regulatory requirements.

Company Secretary Consultation — detailed explanation below

Governing Act — Company Secretary Consultation India

The role and regulation of Company Secretaries in India are governed by the Companies Act, 2013 and the Company Secretaries Act, 1980. The Companies Act mandates that certain classes of companies must appoint a whole-time Company Secretary. The Institute of Company Secretaries of India (ICSI) regulates the profession and sets standards for consultation services.


Government Department & Website for Company Secretary Consultation India

The primary regulatory body for Company Secretaries is the Institute of Company Secretaries of India (ICSI). Its official website is www.icsi.edu. For corporate filings, the Ministry of Corporate Affairs (MCA) portal at www.mca.gov.in is used. A Company Secretary consultation typically involves guidance on MCA filings and ICSI compliance.


Company Secretary Consultation India Application Process

The process for availing a Company Secretary consultation in India typically involves: (1) Identifying the need (e.g., annual compliance, board meeting minutes, or incorporation). (2) Contacting a practicing CS or a firm. (3) Sharing relevant documents such as incorporation certificate, PAN, and previous filings. (4) The CS reviews the company's compliance status and provides a report with recommendations. (5) Implementation of the advice, which may include filing forms on the MCA portal.


Key Forms Required for Company Secretary Consultation India

Depending on the consultation scope, the following forms may be relevant: Form INC-20A (declaration of commencement of business), Form MGT-7 (annual return), Form AOC-4 (financial statements), and Form DIR-3 KYC (director KYC). A CS consultation will guide which forms are needed for your specific situation.


Eligibility Criteria for Company Secretary Consultation India

Any company registered under the Companies Act, 2013, or a foreign company doing business in India, can seek a Company Secretary consultation. There is no minimum turnover or capital requirement. However, companies with a paid-up share capital of ₹5 crore or more, or turnover of ₹25 crore or more, are required to appoint a whole-time CS. Others may engage a CS on a consultancy basis.


Timeline for Company Secretary Consultation India

The duration of a Company Secretary consultation depends on the complexity of the matter. A basic compliance review may be completed within a few days, while ongoing advisory services are continuous. No specific timeline can be guaranteed as it varies with the company's size and the issues involved.


Fees for Company Secretary Consultation India

Fees for Company Secretary consultation in India are not fixed by statute and vary based on the scope of work. Below is an indicative table of typical fee ranges (in INR) for common services:

ServiceFee Range (INR)
Annual Compliance Review5,000 - 15,000
Board Meeting Minutes Drafting2,000 - 5,000 per meeting
Incorporation Assistance10,000 - 25,000
ROC Filing Support1,000 - 3,000 per form
Ongoing Retainer (Monthly)5,000 - 20,000

Note: These are indicative and subject to negotiation. Government fees for MCA filings are additional.

Frequently Asked Questions

What is Company Secretary Consultation India?

Company Secretary Consultation India refers to professional advice provided by a qualified Company Secretary (CS) to businesses on legal compliance, corporate governance, and regulatory matters under the Companies Act, 2013.

Who needs a Company Secretary Consultation India?

Any company registered in India, especially those required to appoint a CS under the Companies Act, or any business seeking to ensure compliance with corporate laws, can benefit from a Company Secretary Consultation India.

How to get a Company Secretary Consultation India online?

You can search for practicing Company Secretaries on the ICSI website or through online legal service platforms. Many CS firms offer virtual consultations via video call, making it convenient to get Company Secretary Consultation India online.

What documents are needed for Company Secretary Consultation India?

Typically, you need the company's incorporation certificate, PAN, Aadhaar of directors, previous annual returns, and financial statements. The CS will advise on additional documents based on the consultation scope.

Is Company Secretary Consultation India mandatory for all companies?

No, it is not mandatory for all companies. However, companies with paid-up capital of ₹5 crore or more, or turnover of ₹25 crore or more, must appoint a whole-time CS. Others may voluntarily seek consultation.

What is the cost of Company Secretary Consultation India?

Costs vary depending on the service. For example, annual compliance review may range from ₹5,000 to ₹15,000, while incorporation assistance may cost ₹10,000 to ₹25,000. Government fees are extra.