Re- appointment of company secretary

Pl refer Sec.2(51)(ii).  CS is by default a KMP in all companies.  It has no reference to Sec.203(1) whatsoever.

Dear Sir

Thanks for the quick reply. I understand that the definition of KMP covers company secretary.

But the point which i would like raise is that, if we go by the definition as per section 2,

then Rule 8 & Rule 8A are they not contradicting ?.

Rule 8 states every public company 10 crores & above shall have KMP.

(In other words, < 10 crores need not have KMP).

Rule 8A states companies not covered under Rule 8, above 5 Croes shall have "Wholetime CS".

Rule 8A, uses the word - whole time company secretary and not KMP. 

If we go by Definition, ideally Rule 8A should had also stated

"that all other companies not covered under Rule 8, above 5 Crores shall also have KMP"

In this context, could you please advice.

Also advice if MR-1 & MGT-14 to be filed.

regards

Santosh Shah

Originally posted by : P C Agrawal
	Pl refer Sec.2(51)(ii).  CS is by default a KMP in all companies.  It has no reference to Sec.203(1) whatsoever.

Let us not mix up two different issues:

Q.1) Whether CS in any company is a KMP?

Ans.:  Yes.  Refer Sec.2(51).

Q.2) Whether all companies are mandatorily required to appoint CS (who is of course a KMP)?

Ans.:  No.  Refer Sec.203(1) read with Rules framed thereunder.

RESULT:  CS is always a KMP whether it is mandatory to appoint him or not. 

Thank You Sir for clarifying.

regards

Santosh Shah

Originally posted by : P C Agrawal
	Let us not mix up two different issues:   Q.1) Whether CS in any company is a KMP? Ans.:  Yes.  Refer Sec.2(51).   Q.2) Whether all companies are mandatorily required to appoint CS (who is of course a KMP)? Ans.:  No.  Refer Sec.203(1) read with Rules framed thereunder.   RESULT:  CS is always a KMP whether it is mandatory to appoint him or not.