Appoint cs without designated him as kmp

Companies Act 2013 811 views 7 replies

Dear All, Is it possible to appoint Company Secretary of Pvt. Ltd Co.(Paid up cap of Rs 5 Cr.), without designated him as KMP.

Kindly provide resolution on Urgent basis.

 

Regards

Replies (7)

No, CS has to be designated as KMP

CS is a KMP by designation [Ref.Sec.2(51)].

 

It has taken decades to get this recognition for CS.  Why do  you want to  take it away now?

 

So do the co. needs to file MGT-14, MR-1 and DIR-12 if CS is KMP as per Sec.2(51) and co. doesnot fall under the ambit of  sec 203 of the Companies Act, 2013

 

when u see rule 8 of appointment of KMP, Private Limited is excluded.

Whereas Rule 8A speaks about Appointment of CS as a Whole Time CS

my opinion is appointment of CS for Private Company shall not Conisder as KMP

KMP applicablitiy as per rule 8 

Every Listed Com and Public Co. having Paid Up Capital 10 cr or more 

in rule PVT CO. is not mentioned.

Rule 8A -  a company other than a company covered under rule 8 which has a paid up capital of 5cr or more shall have a whole time company secretary.

Rule 8 and rule 8A are rules for section 203- appointment of KMP. so if cs is appointed then he has to be designated as a kmp. whether we appoint any voluntarily or for the requirement of the act.

No its not possible

y its not possible Sourabh Jain. can u explain


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