Re- appointment of company secretary

SANTOSH SHAH (Company Secretary) (754 Points)

30 June 2014  

Dear Members / Experts

Your view required on the following.

Unlisted Public Company, Paid up Capital is Rs.2 Crores.

A Company Secretary is appointed and Letter of Offer states appointed as Company Secretary w.e.f ._____ & Remuneration Details.

In such scenario, should we consider CS as KMP ?,

The Company paid up capital does not meet the criteria as per Rule 8 or 8A of Companies (Appointment & Remuneration of Managerial Personnel) Rules 2014.

Will it be correct in terms of compliance, if I File only Form DIR -12 , and not MGT -14 & MR-1?

As MGT -14 & MR-1 are only for appointment of KMP, and since the paid up capital of this company does not meet the criteria, here CS will be only whole time company secretary and not KMP.

Kindly share your views / advice please.



Santosh Shah