FORMS to be filed for Company Secretary appointment

[Raghavendra Bhat]

Dear Members,

If Company secretary appointed in private company under rule 8A of the Companies (Appointment and Remuneration of Managerial) Rules, 2014], shall also required to file MR-1 ? or filing of DIR-12 is enough?  

Thanks & Regards
Raghavendra Bhat
Bangalore - 560040

[CS Riyanka Jain]

Only DIR-12.

Regards,

--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.

--

-- 

Riyanka Jain

Company Secretary & Compliance Officer

New Delhi

“Appreciation can make a day – even change a life” 

 

Please consider the environment before printing this e-mail. Paper is made out of trees. Conserve, Reduce, Re-use, Renew and Recycle !

Thank you

[Raghavendra Bhat]

Dear Madam,

As we are appointing Company Secretary under section 203 of the CA 2013, under rule 3 of Companies (Appointment and Remuneration of Managerial Personnel) Amendment Rules, 2014 we need to file MR-1 too. CS will be KMP in private company.

Kindly clarify.

 

Thanks & Regards
Raghavendra Bhat
Bangalore - 560040

Phone - 8951532022

[Venkat Ragavan]

Dear Mr.Raghavendra

I thing KMP rules does not apply to Pvt ltd companies. (Rule 8A) correct me if  I am wrong.

Warm Regards,

V.Venkata Ragavan

[BalaJi Srivastava]

In my opinion Form DIR 12 alongwith MR 1 is required nw... Appointment has to be governed by 203 ony

Thanks and Regards,

Balaji Srivastava
Mobile: +91 (0)987-316-9769
Email:bbala...@gmail.com

CONFIDENTIALITY NOTICE:
The contents of this e-mail are confidential to the ordinary user of the e-mail address to which it was addressed and may also be privileged. If you are not the addressee of this e-mail you may not copy, forward, disclose or otherwise use it or any part of it in any form whatsoever. If you have received this e-mail in error please e-mail the sender by replying to this message.

P Please consider the environment before printing this mail.

[Raghavendra Bhat]

Dear Sir,

Than under what section we need to appoint cs in private company? Even notification dated the 9th June, 2014 start with exercise of the powers conferred by sub-section (1) of Section 203 of the Companies Act, 2013 (18 of 2013). I got confused on rule 8A. Is this rule is separate from section 203?   

Thanks & Regards
Raghavendra Bhat
Bangalore - 560040
Phone - 8951532022

On Thu, Jul 3, 2014 at 6:02 PM, Venkat Ragavan <cs.venka...@gmail.com> wrote:

[Ankita Sati]

As per my understatnding there is only DIR-12 is file for appoint of cs in pvt. co. 

In this case cs is not a kmp.

Thanks & Regards

Ankita Sati

[VIMAL SHARMA Compliance]

Only DIR-12

Thanks & Regards,

Vimal Sharma

Move out of your comfort zone, You can only grow, if you are willing to feel awkward and uncomfortable, when you try something New..

[Raghavendra Bhat]

Dear Balaji Sir,

Than CS alone need to take all responsibility & Liability of KMP in Private company? where in under 203 it is responsibility of MD,or WTD and CS and CFO.

  

Thanks & Regards
Raghavendra Bhat
Bangalore - 560040
Phone - 8951532022

[BalaJi Srivastava]

Friends,

Being very clear Ideally the words used under Rule 8A should not be under section 203. Ideally any rule is governed by its section. If the appointment of CS is for any company above 5 cr or above as per provision of Rule 8a to be governed by Section 203. The CS is a KMP by default under this provision. Also if there is a process of appointment then that must be followed according to governing section i.e. 203 again hence filing of MR 1 is compulsory. 

This is a defect in law and unfortunately we have to abide by this unless the same is not either clarified or amended. So if a cs is appointed then appointment must be pursuant to rule 8a along with 203

Hope this suffice. 

Thanks and Regards,

Balaji Srivastava
Mobile: +91 (0)987-316-9769
Email:bbala...@gmail.com

CONFIDENTIALITY NOTICE:
The contents of this e-mail are confidential to the ordinary user of the e-mail address to which it was addressed and may also be privileged. If you are not the addressee of this e-mail you may not copy, forward, disclose or otherwise use it or any part of it in any form whatsoever. If you have received this e-mail in error please e-mail the sender by replying to this message.

P Please consider the environment before printing this mail.

[Raghavendra Bhat]

I Agree with Balaji Sir,

This is a defect in law and unfortunately we have to abide by this.  I private company having crores of turnover how CS alone take responsibility of KMP, wr most of time he will not knowing what is happenings in business and accounts.

I think CS friends has to take more challenges and responsibility in Company.  

Thanks & Regards
Raghavendra Bhat
Bangalore - 560040
Phone - 8951532022

[CS Riyanka Jain]

If we have interpreted Rule 8A based on intention of the law (inclusion of public companies having paid up capital more than Rs. 5 crores but less than rs. 10 Crores, though by literal interpretation it seems to exclude those companies), then why in this matter, going for literal interpretation?

Law is interpreted just as per our convenience? 

The heading of Form MR-1 is "Return of Appointment of Key Managerial Personnel".

Rule 8A is an exception of Rule 8.

The board is not appointing CS in private company as Key Managerial Personnel, as the provisions of KMP are not applicable on Private companies. The provisions which are not applicable on said Company, then why that company will comply those provisions. 

The intention of the law is to keep private companies out of the ambit of KMP provisions. This is the reason of insertion Rule 8A separately, otherwise, why not rule 8 itself would have been amended?

Thus, in my opinions only DIR 12 should be filed. By filing MR-1, we are unnecessarily trapping CS's who otherwise has very less powers and increasing liabilities on him.

The point is not about just filing a Form, please understand the implications of the same.

Regards,

[vikassar...@gmail.com]

Very well said by Riyanka Jain...A right opinion placed on forum.Thanks.

Sent from my BlackBerry® smartphone from !DEA

---

From: CS Riyanka Jain <riyank...@gmail.com>

Sender: csmy...@googlegroups.com

Date: Thu, 3 Jul 2014 20:40:40 +0530

To: csmy...@googlegroups.com<csmy...@googlegroups.com>

ReplyTo: csmy...@googlegroups.com

Subject: Re: [CSMysore] FORMS to be filed for Company Secretary appointment

[VIMAL SHARMA Compliance]

Agreed with Ms. Riyanka..

[BINDU MADHAVA]

Rule 3 of appt and remuneration of managerial personnel rules not speaking about KMP, it clearly speaks about each positions. Hence MR1 is required.

regards
Bindu Madhava K G

[Khusboo]

Hi Frnds

I am unable to file MR_1 for appt of CS as error shows while uploading that membership number is not associated with the CIN number.pls fir dir-12, but i hv already filed dir-12.

pls suggest.

On Friday, July 4, 2014 at 9:47:53 AM UTC+5:30, BINDU MADHAVA wrote:

Rule 3 of appt and remuneration of managerial personnel rules not speaking about KMP, it clearly speaks about each positions. Hence MR1 is required.

regards
Bindu Madhava 

On Jul 4, 2014 9:37 AM, "VIMAL SHARMA Compliance" <corp.comp...@gmail.com> wrote:

Agreed with Ms. Riyanka..

On Thu, Jul 3, 2014 at 9:33 PM, <vikassar...@gmail.com> wrote:

Very well said by Riyanka Jain...A right opinion placed on forum.Thanks.

Sent from my BlackBerry® smartphone from !DEA

---

From: CS Riyanka Jain <riyank...@gmail.com>

Sender: csmy...@googlegroups.com

Date: Thu, 3 Jul 2014 20:40:40 +0530

To: csmy...@googlegroups.com<csmyso...@googlegroups.com>