Procedure for appointment of Secretarial Auditor | Academy tax4wealth

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Procedure for appointment of Secretarial Auditor | Academy tax4wealth

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Secretarial auditor is one of the main pillar of any organization. Helps in the orderly running of the organization by keeping a watchful eye on compliance with the prevailing laws and regulations. Learn more! for more info visit, – PowerPoint PPT presentation

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Title: Procedure for appointment of Secretarial Auditor | Academy tax4wealth


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8/23/22, 1119 AM
Procedure for appointment of Secretarial Auditor
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Procedure for appointment of Secretarial Auditor
  • Secretarial auditor is one of the main pillar of
    any organization. Helps in the orderly running
    of the organization by keeping a watchful eye on
    compliance with the prevailing laws and
    regulations. In this article, we will try to
    know what is the secretarial auditor's
    appointment process?
  • What are the responsibilities of Secretarial
    Auditor?
  • Who can become a secretarial auditor?
  • What is the main responsibility of Secretarial
    auditor?
  • On what basis does the secretarial auditor
    conduct the investigation?
  • What documents are required for secretarial audit?

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6. What are the benefits of serving as a
Secretarial Auditor?
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8/23/22, 1119 AM Procedure for appointment of
Secretarial Auditor Academy Tax4wealth
  • What is the procedure for the appointment of a
    Secretarial Auditor?
  • Courses Categories Blog Forums
  • What is the tenure of the Secretarial Auditor?

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9. Who decides the remuneration of the
Secretarial Auditor?
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10. Conclusion
Salary class
What is Secretarial Audit?
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Secretarial audit is a specific process of the
corporate sector, in which the secretarial
auditor keeps an eye on whether the laws,
regulations prevailing in the organization are
being properly complied with or not. At the same
time, he also sees whether healthy corporate
practices are being properly followed in the
organization. The main objective of this process
is to contribute to the orderly operation of the
organization. The secretarial audit needs to be
signed by the secretarial auditor. In case of
more than one secretarial auditor, the signature
of all is mandatory.
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What are the responsibilities of Secretarial
Auditor?
Secretarial auditor checks the compliance status
of the rules and regulations in force in the
organization. The Secretarial Auditor is
primarily a Company Secretary appointed by the
Company under the Companies (Meetings of the
Board and its Powers) Rules, 2014. Which
performs the work of secretarial audit as per
Rule 24A of Securities and Exchange Board of
India. The audit report should be prepared by the
Secretarial Auditor as per MR-3 format.
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Who can become a secretarial auditor?
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Only members of the Institute of Company
Secretaries of India (ICSI) who have a valid
certificate of practice for conducting
secretarial audits can conduct secretarial
audits and prepare secretarial audit reports for
the company.
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What are the responsibilities of Secretarial
Auditor?
The main responsibility of the Secretarial
auditor is to instill a sense of confidence in
the organization's management, regulators and
other stakeholders by conducting statutory
compliance, systematic administration,
systematic evaluation of processes and
systems. Secretarial auditor is aware of the
organization's processes and suggests corrective
measures and plays a very effective role in risk
management. The Secretarial Auditor provides
vital support to the organization in fulfilling
its objectives. The Secretarial Auditor provides
special support to the promoters, management,
investors, other stakeholders of the company by
properly discharging its responsibilities. The
secretarial auditor also has to take special
care in the discharge of his responsibilities.
Because if a default is found in the filing, the
secretarial auditor may have to pay a fine of Rs
1 lakh to Rs 5 lakh.
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On what basis does the Secretarial Auditor
conduct the investigation? The secretarial
auditor examines the company's documents and
procedures based on specific laws and checks
compliance at the company
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level. Which includes Securities and Exchange
Board of India Act (SEBi)
3
8/23/22, 1119 AM Procedure for appointment of
Secretarial Auditor Academy Tax4wealth
1992, SEBI (Prohibition of Insider Trading)
Regulations, 2015, Foreign
CPA oExpamuTleastrSTeriaesgs.
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Exchange Management Act, 1999,CDouerpsoessitory
ACactte, g1o9r9ie6s etc.
What documents are required for secretarial audit?
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stock market
Income tax
Charter document, Statutory Register, Minutes and
Notices of General Meeting, Previous Year's
Audit Report, Annual Performance Report,
Statement for Code of Conduct received from
Directors, Statement of CSR amount, SAST
Disclosure, Dividend to the Secretarial Auditor
for conducting Secretarial Audit Bank account
details in respect, details of ECB returns if
the company has any foreign borrowings, details
of fees and remuneration paid to directors,
details of filings with other statutory
departments including RBI in case of foreign
investments, as per labor laws Created registers
etc. are required.
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  • What are the benefits of serving as a Secretarial
    Auditor?
  • The Secretarial Auditor creates opportunities for
    improvement by uncovering the shortcomings of
    the organization.
  • The Secretarial Auditor assures the stakeholders
    of the company that the company is being
    conducted on the basis of standard standards.
  • Secretarial auditor assures investors that his
    investments are low in risk.
  • Secretarial auditor helps in self regulation and
    professional discipline of the organisation.
  • The Secretarial Auditor presents a standard image
    of the organization to the investors by
    presenting the legal records of the company.
  • The work of a secretarial auditor is also of
    special assistance to those who wish to take
    over the company or participate in the company in
    any other way.
  • What is the procedure for the appointment of a
    Secretarial Auditor?
  • The intention to appoint the proposed secretarial
    auditor is informed and asked whether he is
    eligible to be appointed as the secretarial
    auditor of the company or not.
  • Obtaining consent and certificate from the
    proposed auditor.

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What is the tenure of the Secretarial Auditor?
4
8/23/22, 1119 AM Procedure for appointment of
Secretarial Auditor Academy Tax4wealth
Every company at its first general meeting
appoints a person or firm as the secretarial
auditor who thereaCftoeurrsheoslds
theCasteecgroeriteasrial auBdloitgor's terFmorums
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of five consecutive years until the conclusion of
every sixth meeting, subject to the ratification
of the shareholders. A secretarial auditor may
be re-appointed after five years on the basis of
acceptance at the Annual General Meeting if for
any reason he is not ineligible for
reappointment. It is mandatory to file ADT 1
again on reappointment. Who decides the
remuneration of the Secretarial Auditor? The
remuneration of the secretarial auditor of any
company is fixed in the amount approved at the
first general meeting or in the manner prescribed
at the general meeting. Secretarial auditor is
especially necessary for any organization. By
keeping an eye on the system of following rules,
regulations by the organization, it contributes
significantly to the orderly operation of the
organization. By drawing attention to the needs
of improvement in the organization, the
secretarial auditor also enables the organization
to meet the challenges in future. Therefore,
the secretarial auditor is considered to be an
indicator of the vibrancy of any organization and
also a major risk management tool.
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