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Appointment of company secretary

NIDHI KAPOOR (sxacacac) (82 Points)

02 June 2014

Hi 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

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3 Replies

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

1 Like

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?