What is Appointment of key managerial personnel? Section 203 of Indian Companies Act 2013

Appointment of key managerial personnel is defined under Section 203 of Indian Companies Act 2013. Provisions under this Section is:

Section 203 of Indian Companies Act 2013 "Appointment of key managerial personnel"

(1) Every company belonging to such class or classes of companies as may be prescribed shall have the following whole-time key managerial personnel, -

(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 :

 

Provided that an individual shall not be appointed or reappointed as the chairperson of the company, in pursuance of the articles of the company, as well as the managing director or Chief Executive Officer of the company at the same time after the date of commencement of this Act unless, -

(a) the articles of such a company provide otherwise; or

(b) the company does not carry multiple businesses:

Provided further that nothing contained in the first proviso shall apply to such class of companies engaged in multiple businesses and which has appointed one or more Chief Executive Officers for each such business as may be notified by the Central Government.

(2) Every whole-time key managerial personnel of a company shall be appointed by means of a resolution of the Board containing the terms and conditions of the appointment including the remuneration.

(3) A whole-time key managerial personnel shall not hold office in more than one company except in its subsidiary company at the same time:

Provided that nothing contained in this sub-section shall disentitle a key managerial personnel from being a director of any company with the permission of the Board:

Provided further that whole-time key managerial personnel holding office in more than one company at the same time on the date of commencement of this Act, shall, within a period of six months from such commencement, choose one company, in which he wishes to continue to hold the office of key managerial personnel:

Provided also that a company may appoint or employ a person as its managing director, if he is the managing director or manager of one, and of not more than one, other company and such appointment or employment is made or approved by a resolution passed at a meeting of the Board with the consent of all the directors present at the meeting and of which meeting, and of the resolution to be moved thereat, specific notice has been given to all the directors then in India.

(4) If the office of any whole-time key managerial personnel is vacated, the resulting vacancy shall be filled-up by the Board at a meeting of the Board within a period of six months from the date of such vacancy.

Punishment for violation of Section 203 of Companies Act 2013 regarding appointment of key managerial personnel

(5) If a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every director and key managerial personnel of the company who is in default shall be punishable with fine which may extend to fifty thousand rupees and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the contravention continues.

What is Forms of, and procedure in relation to, certain applications? Section 201 of Indian Companies Act 2013

What is Compensation for loss of office of managing or whole-time director or manager? Section 202 of Indian Companies Act 2013

What is Appointment of key managerial personnel? Section 203 of Indian Companies Act 2013

What is Secretarial audit for bigger companies? What are the Functions of company secretary? Section 204 and 205 of Indian Companies Act 2013

What is Power to call for information, inspect books and conduct inquiries? What is power to Conduct of inspection and inquiry? Section 206 and 207 of Indian Companies Act 2013

What is Report on inspection made? What is Search and seizure? What is Investigation into affairs of company? Section 208,209 and 210 of Indian Companies Act 2013

What is Establishment of Serious Fraud Investigation Office? Section 211 of Indian Companies Act 2013

What is Investigation into affairs of Company by Serious Fraud Investigation Office? Section 212 of Indian Companies Act 2013

What is Investigation into company’s affairs in other cases? Section 213 of Indian Companies Act 2013

What is Security for payment of costs and expenses of investigation Firm, body corporate or association not to be appointed as inspector? Section 214 and 215 of Indian Companies Act 2013

What is Investigation of ownership of company? What is Procedure, powers, etc., of inspectors? Section 216 and 217 of Indian Companies Act 2013

What is Protection of employees during investigation? Section 218 of Indian Companies Act 2013

What is Power of inspector to conduct investigation into affairs of related companies, etc Seizure of documents by inspector? Section 219 and 220 of Indian Companies Act 2013

 

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