ICSI Seeks Uniform Recognition of Practising Company Secretaries for Partnership Firm Filings Under Partnership Act, 1932
Background and Context
The Institute of Company Secretaries of India (ICSI) has formally approached the Ministry of Corporate Affairs (MCA) seeking structured recognition of Practising Company Secretaries (PCS) in matters pertaining to registration, certification, attestation, and compliance filings under the Partnership Act, 1932. The representation, dated 23 September 2026, was addressed to Dr. Pallavi Jain Govil, Secretary, Ministry of Corporate Affairs, and was submitted by CS Pawan G. Chandak, President, ICSI.
The representation highlights an existing institutional gap — one where filings and registration-related activities under the Partnership Act, 1932 are routinely performed by Advocates and Chartered Accountants across various State jurisdictions, but Practising Company Secretaries are yet to receive comparable formal recognition in this regulatory space.
The Core Issue: Absence of a Uniform Framework
Current State of Partnership Act Administration
Administration of the Partnership Act, 1932 is decentralised by nature. It is primarily overseen by State Registrars of Firms operating through state-specific portals and digital registration platforms. The procedures, eligible professionals, and filing requirements differ from state to state, resulting in significant inconsistency in how partnership firms complete their statutory obligations.
As per ICSI's representation, while professionals such as Advocates and Chartered Accountants are widely recognised across these platforms for certification, attestation, and filing of partnership-related documents, there is no uniform national framework that extends similar recognition to Practising Company Secretaries.
This absence, according to ICSI, creates:
- Avoidable professional disparities across state jurisdictions
- Restricted participation of a qualified and statutorily recognised professional class
- Inconsistency in compliance quality across partnership firm registrations and filings
ICSI's Existing Statutory Recognition: The Justification
Role of Company Secretaries Under Major Legislations
A central argument in ICSI's representation rests on the fact that Company Secretaries are already embedded deeply within India's regulatory and compliance architecture. The Institute pointed out that PCS members are statutorily recognised under several significant laws, including:
- Companies Act, 2013
- Limited Liability Partnership Act, 2008
- Insolvency and Bankruptcy Code, 2016
- Securities laws
- Indirect tax laws