📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!


    Question

    According to Section 203 of the Companies Act, 2013,

    read with Rule 8 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, which class of companies (other than listed companies) is mandatorily required to appoint Whole-time Key Managerial Personnel?
    A Every public company having a paid-up share capital of ₹5 crore or more. Correct Answer Incorrect Answer
    B Every public company having a paid-up share capital of ₹10 crore or more. Correct Answer Incorrect Answer
    C Every private company having a paid-up share capital of ₹10 crore or more. Correct Answer Incorrect Answer
    D Every public company having a turnover of ₹100 crore or more. Correct Answer Incorrect Answer
    E Every company having a net worth of ₹500 crore or more. Correct Answer Incorrect Answer

    Solution

    This provision is governed by Section 203 of the Companies Act, 2013, along with Rule 8 of the relevant rules. 1. The Statutory Requirement (Section 203(1)) Every company belonging to such class or classes of companies as may be prescribed shall have the following whole-time Key Managerial Personnel (KMP):

    • (i) Managing Director, or Chief Executive Officer or Manager and in their absence, a Whole-time Director;
    • (ii) Company Secretary; and
    • (iii) Chief Financial Officer.
    2. The Prescribed Class (Rule 8) The rules specify that the following companies must appoint the full suite of whole-time KMPs:
    • Every Listed Company (regardless of capital).
    • Every other Public Company having a paid-up share capital of ₹10 Crore or more .
    3. Note on Private Companies (Rule 8A) There is a separate rule ( Rule 8A ) for private companies. A private company (which does not have a paid-up share capital of ₹10 crore or more) is not required to appoint the full set of KMPs (MD, CFO, etc.). However, if a private company has a paid-up share capital of ₹10 crore or more , it is required to appoint a whole-time Company Secretary .

    Practice Next
    ask-question