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Revised NOC Guidelines for Transfer of Training: Key Takeaways and Implications
Revised NOC Guidelines for Company Secretaries’ Training in India
Revised NOC Guidelines for Company Secretaries’ Training in India
The Council of the Institute has released revised NOC guidelines for the training of Company Secretaries in India, aiming to enhance transparency and efficiency in the training process. These guidelines cover aspects such as training registration, probation period, transfers, notice periods, exceptional cases for transfer, method of intimation, limits on transfers, and effective date.
Key Takeaways:
1. Training Registration: Trainees should register their training in the Institute’s records, preferably before the training starts. Late registrations are allowed up to 30 days post the commencement of training.
2. Probation Period: The initial two months of training are considered a probationary period, during which trainees can freely transfer with a 7-day notice.
3. Transfers After Probation: Transfers after the probation period are generally not allowed, except under exceptional cases such as medical reasons, parent’s transfer to another city, and professional misconduct.
4. Notice Period: A trainee must serve up to a 30-day notice period for any transfer, which can be mutually decided with the trainer.
5. Method of Intimation: Transfers can be intimated through a written letter or email from the trainee to the trainer, and an NOC from the trainer is imperative for any transfer.
6. Limit on Transfers: A maximum of two transfers are allowed during the entire 21-month training period.
7. Educational Documents: Trainees are not mandated to submit original educational certificates or documents to the trainer.
Synopsis:
Introduction
The Council of the Institute has recently introduced revised NOC (No Objection Certificate) guidelines for the training of Company Secretaries in India. These guidelines are designed to bring greater transparency and efficiency to the training process, benefiting all stakeholders involved. The revised guidelines cover various aspects of the training process, including registration, probation period, transfers, notice periods, exceptional cases for transfer, method of intimation, limits on transfers, and effective date.
Revised NOC Guidelines for Transfer of Training
1. Training Registration: Trainees are required to register their training in the Institute’s records, preferably after receiving the agreement or appointment letter before the commencement of their training. Late registrations are allowed up to 30 days from the start of the training. However, any delay beyond 30 days will invalidate the training for the delayed period.
2. Probation Period: The initial two months of training are considered a probationary period. During this period, trainees can freely transfer with a 7-day notice. The training undergone during probation will be recorded in the Institute’s records.
3. Transfers After Probation: Transfers after the probation period are generally not allowed, except under exceptional cases such as medical grounds, parent’s transfer to another city, severe misconduct, trainer’s death or disability, professional trainer misconduct under the Company Secretaries Act, and other specific circumstances.
4. Notice Period: A trainee must serve a notice period of up to 30 days for any transfer, as mutually agreed with the trainer. Failure to serve this notice, except in specific consensual situations, will render the training period invalid.
5. Method of Intimation: Transfers can be intimated through a written letter or email from the trainee to the trainer. For any transfers, including exceptional cases, an NOC from the trainer is imperative.
6. Limit on Transfers: A maximum of two transfers are allowed during the entire 21-month training period.
7. Educational Documents: Trainees are not required to submit original educational certificates or documents to the trainer.
Effective Date
These revised guidelines are set to replace previous guidelines about NOC and will be enforced from 1st September 2023.
Annexure 12.1
This annexure provides a certificate format for the secondment of training, detailing the trainee’s details, training period, the mutual agreement between the first and second trainer, and the trainee’s endorsement.
These guidelines provide a clearer framework for the training process of Company Secretaries in India. It is essential for all stakeholders, including trainees, trainers, and the Institute, to take note of these guidelines to ensure a smooth and compliant training journey.
FAQ
Q1: When do the revised NOC guidelines come into effect?
A1: The revised guidelines will be enforced from 1st September 2023.
Q2: What are the exceptional cases for transfer?
A2: Exceptional cases include medical grounds, parent’s transfer to another city, severe misconduct, and specific circumstances outlined in the guidelines.
Q3: How many transfers are allowed during the training period?
A3: A maximum of two transfers are permitted within the 21-month training period.
Q4: What is the probation period for trainees?
A4: The initial two months of training are considered a probationary period, during which trainees can freely transfer with a 7-day notice.
Q5: Are trainees required to submit original educational documents to the trainer?
A5: Trainees are not mandated to submit original educational certificates or documents to the trainer.
