SREENATH P. (Company secretary) (208 Points)
03 November 2014FRNZ,
I am confused with applicability of sec 203.In my Company there is already having M.D,CFO.Their appointmat was made on 2year back. So whether it is required to follow any requirements with section 203 and rules related with the same even before their tenure is complte.?
One more doubt;
If the company which already having M.D, Manager and CEO.Whether all are treated as KMP under Section 203?
Avneesh Mishra
(CS Trainee)
(502 Points)
Replied 05 November 2014
Dear Sreenath,
Doubt 1: Dont get confused, please check whether your company has filed form 32 at the time of appointing MD & CFO, if yes, then no need to file DIR 12 (As per Companies Act 2013). But if it has not been filed, then you need to file DIR 12 i.e Particulars of appointment of directors and the key managerial personnel and the changes
among them.
Doubt 2: The Definition of KMP came effective from April 01, 2014. If your Company have MD, CFO & CS then You just need to appoint them as KMP vide a Board Resolution. You also have to file the copy of that resolution in MGT 14 with MCA [Sec 179(3)].
Trust it suffice your queries..
Regards,
Avneesh Mishra
GSTR 9 and 9C for FY 23-24 as amended by Notification 12/2024 dated 10th July 2024(with recording)
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