Legal Status or Position of Company Secretary

When an employee joins in a company he must hold a position like that a company secretary holds a position and now a detail discussion about legal status or position of company secretary is given below:

Legal Status or Position of Company Secretary

Our company Act 1994 does not define the legal status or position of the company secretary. However various decisions of the court and role-play of the company secretary provide the below matters as the legal status of the company secretary:

  1. Secretary is an officer: According to section 2(ii) of the company Act 1994, a Company secretary is an officer of the company. He supervises all ministerial and administrative activities. He performs every correspondence on behalf of a company. So, he is a responsible officer of the company.
  2. Secretary is a servant: A company secretary performs all duties as per authority given by the board. He can exercise such power only which is delegated to him. Therefore he is a servant of the company.
  3. Secretary is an advisor: The company secretary gives important advice to the board of directors and supplies relevant information or data required to make a policy of the company. Also, he advises on time-bound changes to cope with current socio-economic challenges.Position of Company Secretary
  4. Secretary is co-ordination: He coordinates the activities of various departments and units and keeps liaison with the directors, staff and other stockholders of the company.
  5. Secretary is an administrator: A company secretary is considered as the chief administrative officer, of the company. He regularly makes representation and enters into” contracts on behalf of the company. He is solely responsible for the board of directors for the smooth running of the office work.
  6. Secretary is an agent: A company secretary is also regarded as an agent of the company as he signs a contract on behalf of the company.

In light of the above discussion, it is clear that a company secretary assumes a wide range of legal positions.

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