Apt. of cs in pvt. co.

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SANDEEP YADAV (Querist)

26 December 2014 As per Rule 8A Apt of CS is mandatory in a pvt Co. having paid-up Cap of 5 Crore or more.

Is it mandatory to file Form MR-1 in case of Pvt.Co.?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

26 December 2014 In case a company secretary is appointed by a company having a paid up capital of Rs. 5 Crores or more, he is treated as Key Managerial Personnel and hence you need to file e-Form MR 1 within 60 days from the date of appointment

SANDEEP YADAV

SANDEEP YADAV (Querist)

26 December 2014 Dear Sir,
I appreciate your views but Rule 8A nowhere prescribes the filing of form MR-1, it simply mandates the appointment of CS in a Pvt Co. having PUC of Rs. 5 Crore or more.

Further KMP provisions (Section 203) are not applicable for pvt. co.

Kindly clerify

Thanx & Regards

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

29 December 2014 The Heading of the MR-1 form states about the appointment of KMP.Company secretary who was appointed under Rule 8A of Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014 is a KMP though the Private limited companies need not have KMP as per Rule 8 of the said Rules

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