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COMPANY SECRETARIES (AMENDMENT) ACT, 2011
(No. 4 of 2012)
[8th January, 2012.]
An Act further to amend the Company Secretaries Act, 1980.
BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called the Company Secretaries (Amendment) Act, 2011.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Amendment of section 2.
2. In the Company Secretaries Act, 1980 (hereinafter referred to as the principal Act), in section 2, in sub-section (1)-
(i) after clause (f), the following clause shall be inserted, namely:-
'(fa) “firm” shall have the meaning assigned to it in section 4 of the Indian Partnership Act, 1932, and includes,-
(i) the limited liability partnership as defined in clause (n) of sub¬-section (1) of section 2 of the Limited Liability Partnership Act, 2008; or
(ii) the sole proprietorship,
registered with the Institute;”;
(ii) after clause (ga), the following clauses shall be inserted, namely:-
'(gb) “partner” shall have the meaning assigned to it in section 4 of the Indian Partnership Act, 1932 or in clause (q) of sub-section (1) of section 2 of the Limited Liability Partnership Act, 2008, as the case may be;
(gc) “partnership” means-
(A) a partnership as defined in section 4 of the Indian Partnership Act, 1932; or
(B) a limited liability partnership which has no company as its partner;’;
(iii) after clause (j), the following clause shall be inserted, namely:-
‘(jj) “sole proprietorship” means an individual who engages himself in the practice of the profession of the company secretaries or offers to perform services referred to in clauses (b) to (f) of sub-section (2);’;
Amendment of section 26.
3. In section 26 of the principal Act, in sub-section (1), the following Explanation shall be inserted, namely:-
‘Explanation.-For the removal of doubts, it is hereby declared that the “company” shall include any limited liability partnership which has company as its partner for the purposes of this section.’
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