Can one person hold cfo & cs in a company

Companies Act 2013 3942 views 2 replies

Dear All,

 

Kinldy suggest whether a person can hold 2 KMP positions like CFO & CS at the same time as per New Companies Act 2013.

Replies (2)

Section 203(1) requires appointment of following  KMPs:

i) MD or CEO or  Manager or WTD;

ii) CS and

iii) CFO.

Intention of law seems to be that there should be at least one person from each of above 3 categories.    DIR.12 also does not accept selection of multiple positions for same individual in single form.  One will have to try to file two different  forms - one as CS and one as CFO.  

I am holding the view that same person cannot hold these two positions.  However MCA clarification on this is expected.

 

Dear Sir,

DIR-12 is accepting for selection of multiple positions for same individual in single form. Many Companies doing this type of Practics e.g. Asian Paints Limited a big listed company. But there no any clarification from MCA/SEBI or stock exchanges in this regard. There is need to tack action by ICAI/ICSI in this regard.

 


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