SWOT ANALYSIS

SWOT ANALYSIS
"Chance favors the prepared mind."

COMPILED BY: CS VINIT NAGAR (PRACTICING COMPANY SECRETARY)

SWOT ANALYSIS

PERSONAL SWOT ANALYSIS

“Making the Most of Your Talents and Opportunities”
SELF EVALUATION:
It is basically raising the level of self understanding and self appreciation. It
understands our own’s strengths and weaknesses when evaluating how a situation is to
be dealt with. It means focusing one’s strengths towards a resolution of the problem
while at the same time protecting oneself from one’s weaknesses which may adversely
affect the outcome. It means understanding the problem in detail and in the context in
which it exists so that opportunities for not just solving the problem but perhaps for
longer term benefits may be recognized and taken advantage of. It means not just
appreciating the possible threats but allowing for the unexpected and knowing that
these may have to be dealt with.

COMPANY SECRETARY “ An indispensable professional”

A Company Secretary acts as a mediator between the company, its board of directors,
stakeholders, government and regulatory authorities. A Company Secretary is a
professional, who has expertise in corporate laws, capital markets, security laws and
corporate governance.

A Company Secretary is an important official who ensures that best management

practices and work ethics are followed to create wealth creation for the company. He is
the one who represents the company for internal and external stakeholders, co-
ordinates the policies of the company and management function, guides on the strategic
decisions for the betterment and growth of the company like merger, acquisition and
joint collaboration.

Pursuant to section 383A of the companies Act, 1956, companies with a paid-up
share capital of Rs. 5 crore or more are legally obliged to appoint a whole-time
Company Secretary who must be a member of the Institute of Company Secretaries of
India.

Every company having a paid-up share capital of Rs.10 lakh & more but less than Rs. 5
Crore is required to engage the services of a Secretary in Whole – time Practice for issue
of compliance Certificate.

SWOT analysis of a Company Secretary:

COMPILED BY: CS VINIT NAGAR (PRACTICING COMPANY SECRETARY)

SWOT ANALYSIS

STRENGTH:
1. Is a vital link between the company and its Board of Directors, shareholders,
government and regulatory authorities and all other stakeholders.

2. Commands high position in the value chain and acts conscience seeker of the
company.

3. Ensures that Board procedures are followed and regularly reviewed and
provides guidance to Chairman and the Directors on their responsibilities
under various laws.

4. Corporate Governance and Secretarial Services: Advising on good governance

practices and compliance of regulations and guidelines made there under.

5. Promotion, formation and incorporation of companies and matters related

therewith

6. Filing, registering any document including forms, returns and applications

by and on behalf of the company as an authorized representative

7. Co-ordinating board/general meetings and follow-up actions thereof

8. Custodian of corporate records, statutory books and registers

COMPILED BY: CS VINIT NAGAR (PRACTICING COMPANY SECRETARY)

SWOT ANALYSIS

OPPORTUNITIES

A Company Secretary being multidisciplinary professional renders services in following

areas:

i. Secretarial/Compliance Audit and Certification Services:

* Secretarial/Compliance Audit

*Issuing Compliance certificate for companies

*Signing of Annual Return

*Other declarations, attestations and certifications under the Companies

Act, 1956

ii. Representation Services

Advising companies on Compliance of legal and procedural aspects, particularly under

–

• SEBI Act, Securities Contracts (Regulation) Act and rules and regulations made
there under

COMPILED BY: CS VINIT NAGAR (PRACTICING COMPANY SECRETARY)

SWOT ANALYSIS

• Foreign Exchange Management Act

• Consumer Protection Act

• Depositories Act

• Environment and Pollution Control Laws

• Labour and Industrial Laws

• Micro, Small and Medium Enterprises development

• Co-operative Societies Act

• Mergers and Amalgamations and Strategic Alliances

• Foreign Collaborations and Joint Ventures

• Setting up subsidiaries abroad

• Competition Policy and Competition Law Compliances

• IPR Protection, Management, Valuation and Audit

• Drafting of Legal Documents

iii. Representation Services

Representing on behalf of a company and other persons before–

• Company Law Board

• Competition Commission of India

• Securities Appellate Tribunal

• Registrar of Companies

• Consumer Forums

• Telecom Disputes Settlement and Appellate Tribunal

• Tax Tribunals and

• Other quasi-judicial bodies and Tribunals

COMPILED BY: CS VINIT NAGAR (PRACTICING COMPANY SECRETARY)

SWOT ANALYSIS

iv. Arbitration and Conciliation Services

• Advising on arbitration, negotiation and conciliation in commercial disputes

between the parties

• Acting as arbitrator/conciliator in domestic and international commercial

disputes

• Drafting Arbitration/Conciliation Agreement/Clause

v. Public Issue, Listing and Securities Management

• Advisor/consultant in issue of shares

• Drafting of prospectus/offer for sale/ letter of offer/other documents related to

issue of securities and obtaining various approvals in association with lead
managers

• Listing / delisting of securities

• Listing / delisting of securities

• Acting as compliance officer under listing agreement

vi. BANKING SERVICES

• Loan Documentation

• Diligence Report and Certification in respect of Consortium / Multiple

banking arrangement made by Scheduled Commercial Banks

• Status and Search Report

• Registration of Charge

vii. INTERNATIONAL TRADE AND WTO SERVICES

• Advising on matters relating to antidumping, safeguard duties and counter

vailing duties

• FEMA

COMPILED BY: CS VINIT NAGAR (PRACTICING COMPANY SECRETARY)

SWOT ANALYSIS

• Advising on Intellectual Property licensing and drafting of Agreement

• Acting as registered Trade Mark Agent

viii. LABOR LAW COMPLIANCES

ix. NATIONAL COMPANY LAW TRIBUNAL- New Companies Bill

x. PART OF KEY MANAGERIAL PERSONNEL

WEAKNESS
i. TAXATION SERVICES

• Advisory services to companies on tax management and tax planning under

Income Tax, Excise and Customs laws, Service Tax and VAT etc.

• Preparing/reviewing various returns and reports required for compliance

with the tax laws and regulations

• Representing companies and other persons before the tax authorities and
tribunals

ii. FINANCE AND ACCOUNTING SERVICES

• Accounting and compilation of financial statements

• Working capital and liquidity management

• Analysis of capital investment proposals

• Business valuations prior to mergers and/or acquisitions

• Preparation of Project Reports and feasibility studies

COMPILED BY: CS VINIT NAGAR (PRACTICING COMPANY SECRETARY)

SWOT ANALYSIS

THREAT
No fear
“Weakness of attitude becomes weakness of character”

COMPILED BY: CS VINIT NAGAR (PRACTICING COMPANY SECRETARY)