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Exercises · Q11

Q.Distinguish between a private secretary and a company secretary.

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Basis of the distinction

A private secretary and a company secretary represent the two extremes of the five types of secretary this chapter covers — one purely personal, the other entirely statutory.

BasisPrivate secretaryCompany secretary
Appointed byAn individual employerThe company's Board of Directors
Governing lawOrdinary contract of personal serviceCompanies Act, 2013 and Company Secretaries Act, 1980
Qualification requiredNone fixed by law; whatever the employer requiresCompulsory membership of the Institute of Company Secretaries of India
Legal statusNo independent legal standingRecognised as Key Managerial Personnel under Section 2(51)
Statutory dutiesNone; duties are purely as delegatedStatutory duties under Section 205 (compliance reporting, Secretarial Standards)
LiabilityOnly as an ordinary employeeCan be personally liable under the Companies Act for specified compliance defaults
Scope of workPersonal correspondence, diary, travel, confidential filing for one individualCompany-wide statutory compliance, Board/general meeting conduct, statutory filings

Why the distinction matters …

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