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Powers and Right of the Company Secretary

Byadmin

Aug 23, 2022

 The Company Secretary has certain powers to perform his duties. Although the rights of the secretary have not been mentioned in the Companies Act, he continues to get the same rights as the service done between him and the company, but then the conditions and are provided by the board of directors which are as follows: 

1. To inspect the departments Powers Secretary is the top officer of the secretarial office of the company, so he has the right to inspect, control and give orders to the departments subordinate to him. He has full right to make various plans related to the daily work of the office and make changes in them as per the requirement.

 2. Preference to take salary The secretary is a servant of the company, therefore, being a servant, he is entitled to be placed in the position of priority creditors for salary in the event of the dissolution of the company. It is important in this regard that this right is available only to the full time secretary. 

 3. The right to sign the forms and proceedings The secretary is a principal officer of the company, as such he has the right to sign such forms on which the seal of the company is not necessary. Apart from this, the 84th arrangement of Table A gives the right to the secretary to sign the forms etc. on which the company’s stamp is put.

4. Right to correspond on behalf of the company The company has to correspond with outsiders on many subjects. The secretary has the right to do correspondence on behalf of the company. Some letters are written by the secretary himself on the basis of his qualification and contract and for some letters, he receives instructions from the directors and other officers of the company. 

 5. Right to issue certificates The company has to issue many types of certificates during its tenure. The company secretary has the right to issue such certificates on behalf of the company. 

 6. Powers related to day-to-day operations The Company Secretary gets many rights related to the day-to-day affairs of the company, on the basis of which he successfully performs the tasks of the day-to-day nature of the company. 

 7. Right to hold the company liable by contract The secretary may enter into contracts on behalf of the company with third parties and also has the right to hold the company liable for any liability arising out of these agreements, but in any case Secretary is not authorized to take loan on behalf of the company. 

 8. Right to be present as agent: The company secretary is the agent of the company. Therefore, the company secretary has the right to represent the company in any economic, social and other type of meeting. 

 9. Right to do legal work: If the Secretary has been authorized by the Board of Directors or the Articles of Association of the company, then he can guarantee the legality of any form, can induce the public to buy the shares of the company. Can convene meetings, allot shares, register transfer of shares, etc.

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