NIDHI KAPOOR (sxacacac) (82 Points)
02 June 2014Hi everyone,
Just wanted to know one thing, under Companies act 2013, while appointing a CS its been said to file 3 forms i.e. MR-1, MGT-14 and DIR-12.
But is there any provision that if we do not want to declare CS as the KMP of the Company then in that case we do not need to file MR-1 and MGT-14 and directly appoint CS by filing DIR-12. please guide.
thanks in advance
rgds
Nidhi
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 02 June 2014
If there is need to appoint CS then you have to designate him as KMP.
Actually CS is KMP and no formal declaration is required. If you are a public company with Paid up capital of Rs. 10 crore or more then appointment of CS as KMP is required.
Thanks
Rajiv Agrawal
(Company Secretary)
(82 Points)
Replied 04 June 2014
Ankur sir,
1. what is the formalities for resigning CS? whether then also we have to file 3 forms as mentioned by nidhi? as form MR-1 is for appointment of KMP.
2. In form MR-1, board resolution is mandatory attachment. Now, whether full Board meeting is required to appoint CS/CFO or this power can be delegate to MD?
ACS Anjali Jain
(SERVICE - CS)
(472 Points)
Replied 18 February 2015
in case of private limited having a paidup capital of rs. 8 crores, the cs appointed need to be appointed as a KMP or not
CAclubindia
