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Appointment of company secretary

Companies Act 2013 3310 views 3 replies

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 

Replies (3)

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

 

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?  

in case of private limited having a paidup capital of rs. 8 crores, the cs appointed need to be appointed as a KMP or not


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