INSTITUTE OF CERTIFIED PUBLIC SECRETARIES OF KENYA 1

INSTITUTE OF CERTIFIED PUBLIC SECRETARIES OF KENYA 1 ST PRACTITIONERS SEMINAR THURSDAY, 12 FEBRUARY, 2015 PANAFRIC HOTEL SUSTAINABLE ROFESSIONAL FIRM

WHO PRACTICES AS A CS? As will be discussed later, a CS must obtain a practicing certificate from the Registration Board to be able to practice as a CS. He can then practice in his/her own name or as a firm of CSs The Companies Act places the CS as an “Officer” of the Company. It therefore makes him/her directly liable for his/her omissions in course of work. As a result, a limited liability company cannot practice as CS

PROFESSIONAL WORK Remember, as a CS, one sells ideas, information, knowledge, knowhow, etc. a CS firm as a business is therefore different from a commodity seller. To sell ideas, one must knowledgeable, not necessarily an intellectual. It is however, an advantage if one is both. (intellect presumes capacity for complex issues, including those in the abstract form to develop solutions to societal issues. Knowledge presumes familiarity with facts and information).

PROFESSIONAL WORK-CONT’D In applying knowledge, one may rely on a theoretical or practical approach, supported by facts. A CS must begin from a position of richness in knowledge; knowledge and understanding about facts, information, subject matter, and so on. These are the immediate things society requires for its day to day sustainability.

SETTING A CS FIRM Begin from the understanding that “there is no single court that fits every man” Business needs and circumstances are different, but can be managed from a standard/generic information or knowledge. As a CS, people depend on you to make certain critical decisions about their businesses. They rely on you. You therefore have a general responsibility to society at large.

SETTING A CS FIRM-CONT’D Remember also that the knowledge you have is only good to the extent that it helps society. Share it. In sharing knowledge, maintain your professionalism. (Many intellectuals have behaved been found wanting in using their intellectualism for personal gain or preference). Professionals must behave differently.

SUSTAINABILITY-THE ISSUES 1. 2. Quality of service provided. Ensure you get your facts right, gather relevant information before you release it. Client will keep his faith in you. Timelines. Businesses have deadlines to meet, supported by information you give. Act within the timelines agreed. Notify client early if bottlenecks are encountered to cause delay. Do not wait for client to follow up and end up with a lie from you.

SUSTAINABILITY-THE ISSUESCONT’D 3. 4. 5. Be part of the business. You need to have appropriate facts about the business. Get it. Identify yourself with the business, including where empathy is required. Be consistent. Do not become a chameleon. Business rely so much on predictability of things, including your behaviour. You must be trusted. The way you handle client information, other physical assets, including money must client the confidence and trust in you.

SUSTAINABILITY-THE ISSUESCONT’D 6. 7. Ask for time if you need it. Avoid a rushed answer, say on phone for something where you would have wanted a time to check facts. Do not be ashamed to say “I will get back to you” Have your systems in place. Including contractual arrangements with the client, templates for standard items, office hours, etc. it helps in planning and service delivery.

SUSTAINABILITY-THE ISSUESCONT’D 8. 9. Price fairly. Do not use the client at hand to solve your financial needs, but also do not work for free Be aware of the “Kenyan” client expectations. In reality, it is possible to provide the services from your home office, but the Kenyan client will soon label you a “briefcase CS”. So have some office space away from your home, and this can be shared with other friends with whom your thinking synchronize.

SUSTAINABILITY-THE ISSUESCONT’D 10. 11. 12. Consider a merger. But a merger that can work, not because firms are merging. Succession. Who in your family knows what you are doing? They do not necessarily have to become CSs but good if possible. Remember, a lot of client’s loyalty to a firm is sometimes based the personalities in the firm. They may simply move because their preferred contact has moved.

INSTITUTE OF CERTIFIED PUBLIC SECRETARIES OF KENYA 1 ST PRACTITIONERS SEMINAR THURSDAY, 12 FEBRUARY, 2015 PANAFRIC HOTEL REGISTRATION AND RELATED ISSSUES

ABOUT THE BOARD The Registration of Certified Public Secretaries Board (ICPSK) is established under the CPS Act (Cap. 534) Its main mandate is to register new members, issues practicing certificates and deregister those must be deregistered for various reasons. It has a 9 -member board appointed by the Cabinet Secretary for National Treasury The Board meets once every month.

MEMBERSHIP CLUSTERS Members of ICPSK are broadly: v Non – practicing , or v Practicing Non Practicing Members Any member without a practicing certificate falls in this category. They are only allowed to act as CS n in their employment roles. Practicing Members Have been issued with a practicing certificate by the Board upon application and payment of appropriate fees.

APPLICATION FOR REGISTRATION v v v Applications are made on a prescribed form. Application fees are payable by cheque drawn in favour of the Registration of Certified Public Secretaries Board Currently, the prescribed fee is: - v. Ksh. 7, 500. 00 for Kenyans v. Ksh. 18, 000. 00 for Non-Kenyans 15

QUALIFICATIONS A person is qualified to be registered on meeting the requirements of Section 20 of the Certified Public Secretaries of Kenya Act, Cap 534 of the Laws of Kenya, ie: 1. Has been awarded by the Examinations Board (KASNEB) a certificate designated the final certificate of Certified Public Secretaries Examinations; 2. Holds a qualification approved by the Registration of Certified Public Secretaries Board (RCPSB); 3. Was on 30 th June, 2002 both a citizen of Kenya and a member of the professional body known as The Institute of Chartered Secretaries and Administrators (ICSA); 16

QUALIFICATIONS Continued…. . 4. 5. 6. 17 Was on June 30, 2002 both ordinarily resident in Kenya and a member of the professional body known as The Institute of Chartered Secretaries and Administrators; Was on November 1, 1989 registered as an Accountant under the Accountant Act; or Was on 30 June 2002 an Advocate of the High Court of Kenya.

ICSA MEMBERS AFTER 30, JUNE 2002 Holders of ICSA qualifications seeking registration with the RCPSB on the basis of this qualification will be required to: Register with KASNEB as holders of foreign company secretarial qualifications at the applicable fee. Sit and pass the following two (2) papers under the current CPS syllabus: Taxation Theory and Practice Company Law 18

DOCUMENTS REQUIRED The following documents are required on application and must be certified by a commissioner of oaths as true copies: 1. Copy of birth certificate 2. 2 coloured passport photos 3. Copy of National ID or Passport 4. Copies of professional and academic certificates 5. Affidavit for lost or misplaced documents and change of name or name difference 19

Documents continued…. . 7. 8. 9. Letter from an advocate certifying that the applicant is known to him or her and confirming character and conduct Letter from current and previous employer(s) Properly completed application form which can be downloaded from the Board’s website: www. rcpsb. or. ke (Guidance Notes also available on the website)

RE-REGISTRATION A Member who has been deregistered can apply to be reregistered by meeting the following requirements: Completing an Application for Reregistration Form Submitting a letter giving reasons for deregistration and requesting reregistration Submitting a copy of Gazette Notice that deregistered him/her. Submitting 2 coloured passport size photos. Paying of Ksh. 12, 000 as reregistration fee to the Board Submitting a letter from ICPSK recommending reinstatement in the Register of Members

APPLICATION FOR PRACTICING CERTIFICATE v v v Application mad on a prescribed form Application fees are payable by cheque drawn in favour of the Registration of Certified Public Secretaries Board The prescribed fee is: - v. Ksh. 10, 000. 00 for Kenyans v. Ksh. 20, 000. 00 for Non-Kenyans

DOCUMENTS REQUIRED v v 23 Certified Copies of the Certificate of Registration from RCPSB and Membership Certificate from ICPSK Copies should be certified as true copies of the original by an Advocate of the High Court of Kenya who must be a Commissioner for Oaths to whom the applicant is known

POST REGISTRATION PERIOD v. A member wishing to apply for a practising certificate must have been a member of the Institute of Certified Public Secretaries of Kenya (ICPSK) in good standing for at least two (2) years preceding the application 24

PRACTICAL EXPERIENCE v. A member wishing to apply for practising certificate will have at least 2 years postregistration practical experience v The experience required must have been gained under the supervision of a Certified Public Secretary (in good standing) who has at least 2 years practising experience 25

REFEREES RECOMMENDATION v v v 26 The applicant to provide statements from two (2) referees detailing their knowledge of the applicant particularly as relates to attributes. Both referees must be registered Certified Public Secretaries, one being a practising CS under whom the applicant worked must has and who confirm details given above The other referee is one under whom the applicant has not served.

GRANT OF AUTHORITY TO PRACTICE QUALIFICATIONS: LEGAL NOTICE 350, KENYA SUBSIDIARY LEGISLATION, 1995 v. Section 2. A person who for a minimum period of ten years prior to the commencement of the Act performed the professional duties of a certified public secretary or company secretary either in public practice or in the employment of the Government or any other person or organization shall be entitled to be issued with an annual practicing certificate: v. Provided that such as person satisfies the Registration Board by sufficient documentary proof of the performance of such duties

APPLICATION FEES-AUTHORITY TO PRACTICE v v v 28 Application fees are payable by cheque drawn in favour of the Registration of Certified Public Secretaries Board The prescribed fee is: - Ksh. 10, 000 Once granted Authority to Practice, the member must renew the annual practicing license annually by paying Ksh. 10, 000 to the Registration Board

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