Form filing for already appointed kmps

This query is : Resolved

CS Ritika Arora (Querist)
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27 August 2014 My company is a private company, therefore we are not mandatorily required to appoint KMPs under section 203 of CA, 2013. We already have KMPS including CFO and CS in our company.

Do we have to file form MR-1 or take any alternative action so as to regularise the appointment of our existing KMPs?

Kindly give your valuable opinions.

Thank you

CS Divesh Goyal

CS Divesh Goyal (Expert)
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28 August 2014 no even if u have cfo therr is no need to file.mr-1 To regularise his as kmp

but if ur paid up cap is exceef 5 Core.and u have cs then there is need.to file.mr-1 to designate hi as kmp

CS Divesh Goyal

CS Divesh Goyal (Expert)
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CS Ritika Arora

CS Ritika Arora (Querist)
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28 August 2014 Thank You for the guidance.

But I am confused that if I already have a CS in my company whether my paid up capital exceeds 5 cr or not... I would have filed e-form 32 at the time of his appointment AND now when the new Act has come into effect, the CS in my company has become a KMP by virtue of section 2(51) of the new Act; then what is the requirement to again file eform MR-1 for this purpose.

Also that there is no clarification as to filing of form MR-1 in respect of existing CFO then how are we going to intimate ROC about his appointment.
Please guide.