Company secretary cessation

You have to file form MGT-14 & DIR-12 for Public Company. In case of Private Company only form DIR-12 is required.

Thanks for reply,

But I think MR-1 is also needed to be filled for appointment, 

my major focus on cessation...do we have to file MGT 14 too for cessation with resolution??

MR-1 (Only for appointment) {Rule 3 of Companies (Appointment and Remuneration) Rules, 2014

DIR-12 (For both appointment & cessation) is required (As per Rule 18 of Companies (Appointmnet of Directors) Rules, 2014.

&

MGT-14 (For both appointmnet & cessation) is required (As per Rule 8(2) of Companies(Meeting of Board and Its powers) Rules, 2014. 

Rule 8(2)Speaks about appointment or removal of KMP but in my case there is resignation by cs...it has diffrent interpretation.

it can not be said removal and no resolution for resignation will be filled...is it right?

I think your interpretation is right and MGT-14 is not required to file. Other members view solicited.

for resignation of CS no need to file MGT-14

Yes,

I have one more query company secretary is KMP by default or its depends upon filling of MR-1.

I mean if company doesn't file MR-1 and file only DIR-12 then appointed cs will not be categarized as KMP or will be CS only?? 

MR-1 for Company Secretary-

If we follow rules then its for appointment of Company Secretary but not for KMP, for KMP its DIR-12 to be filed.

Rule 3 of Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014.

-A company shall file a return of appointment of a Managing Director, Whole Time Director or Manager, Chief Executive Officer (CEO), Company Secretary and Chief Financial Officer (CFO) within sixty daysof the appointment, with the Registrar in Form No. MR.1 along with such fee as may be specified for this purpose.

Rule 18 of Companies (Appointment and Qualification of Directors) Rules, 2014.

18. Return containing the particulars of directors and the key managerial personnel. - A return containing the particulars of appointment of director or key managerial personnel and changes therein, shall be filed with the Registrar in Form DIR-12 along with such fee as may be provided in the Companies (Registration Offices and Fees) Rules, 2014 within thirty days of such appointment or change, as the case may be.

Thank You sir,

Besides the rules if we saw MR-1 than its contains headind " Return for appointmnet of KMP " .........

so with both of the views we can assume or interprate that nere appointment as cs make someone KMP???

Please guide.. . 

Section 2(51) of the Companies Act, 2013

“key managerial personnel”, in relation to a company, means—

(i) the Chief Executive Officer or the managing director or the manager;

(ii) the company secretary;

(iii) the whole-time director;

(iv) the Chief Financial Officer; and

(v) such other officer as may be prescribed;

As per definition of KMP a CS is fall in KMP.

Even if you not filed MR-1 that person will fall under KMP.

yes that answer I want from someone... 

Its just mean that cs is KMP by default from the time of his mere appointment. Right?

Originally posted by : RISHABH ARORA
	Section 2(51) of the Companies Act, 2013 “key managerial personnel”, in relation to a company, means— (i) the Chief Executive Officer or the managing director or the manager; (ii) the company secretary; (iii) the whole-time director; (iv) the Chief Financial Officer; and (v) such other officer as may be prescribed;

yes