Rights of a Company Secretary

Because a whole-time Company Secretary works under a contract of service, the first and most obvious right is to the remuneration, allowances, and other benefits fixed by the Board resolution or the appointment letter under which the Company Secretary was engaged — a right enforceable the same way any employee's contractual right to salary would be. Beyond remuneration, the office carries a bundle of rights that flow directly from the duties the law places on it, because a person cannot reasonably be expected to discharge a statutory duty without the means to do so. The Company Secretary accordingly has the right of access to the company's statutory registers, minute books, and other records necessary to certify compliance and to advise the Board correctly; the right to be consulted by the Board on matters bearing on legal and secretarial compliance, since it is the Company Secretary's certification that the Board and the Registrar will ultimately rely on; and the right to attend meetings of the Board and of shareholders in order to record their proceedings faithfully. …