<\/span><\/h2>\n\n\n\nForm number MR.1 is titled \u201creturn of\nappointment of managerial personnel\u201d. The law governing Form number MR.1 are Section\n196 and Section 197 of the Companies Act of 2013 and Rule 3 of the\nCompanies (Appointment and\nRemuneration of Managerial Personnel) Rules of 2014.\nForm number MR.1 is required to be filed intimating the strong of the\nappointment of managerial personnel before the expiry of 60 days from the date\nof such appointment.<\/p>\n\n\n\n
Section\n196 of the Companies Act of 2013 deals with the appointment of a managing\ndirector, manager or whole time director of the company. The proviso to Section\n196 states that the Registrar of the company shall be intimated of the\nappointment by filing the prescribed form before the expiry of 60 days from the\ndate of such appointment.<\/p>\n\n\n\n
Rule 3 of the\nCompanies (Appointment and\nRemuneration of Managerial Personnel) Rules of 2014\nstates that the return of appointment, which is required to be submitted with\nthe Registrar of companies, as is provided under Section 196 of the Companies\nAct of 2013, shall be filed under Form number MR.1<\/p>\n\n\n\n
Details\nto be filled in the amended form number MR.1<\/strong><\/p>\n\n\n\nThe\nbelow mentioned are the details which are required to be filed under Form MR.1:<\/p>\n\n\n\n
- Details of the\nentity, like name of the company, address of the company’s registered office\nand whether the company is a public company or a subsidiary of one.<\/li>
- Details of the key\nmanagerial personnel or the KMP: particulars of the person proposed appointee\nwith respect to whom the application is being filed, including the name of such\nperson, director identification number DIN the person being appointed as a\ndirector or the PAN or the membership number and designation of such person.<\/li>
- the date on which the\nresolution was passed by the board of directors<\/li>
- The date of\nappointment of such a person<\/li>
- The terms and\nconditions with respect to renovation and the tenure of appointment appointee<\/li>
- If the person being\nappointed is older than 70 years of age<\/li>
- Whether the appointee\nhas been detained or convicted under any of the statutes mentioned under part\none of schedule 5<\/li>
- Whether the appointee\nis a non resident, as provided in part one of schedule 5<\/li>
- Whether prior\napproval for the appointment of such a person has been obtained from the\nmembers in a general meeting, the date on when the resolution was passed, the\nspecial resolution number with respect to Form number MGT-14 for filing a\nspecial resolution, special resolution number for obtaining the approval from\nthe central government (if applicable)<\/li>
- whether the person\nbeing appointed has been disqualified under section 164 of the Companies Act of\n2013 for appointment of directors and details with respect to the\ndisqualification.<\/li><\/ul>\n\n\n\n
Attachments\nwhich are required to be submitted along with form number MR.1<\/strong><\/p>\n\n\n\nT<\/strong>he\nbelow mentioned are attachments which are required to be submitted along with\nform number MR.1:<\/p>\n\n\n\n- Copy of the board\nresolution<\/li>
- Copy of the\ncertificate by the nomination and remuneration committee of the company certifying\nthat provided is in accordance with the remuneration policy of the company.<\/li>
- any other optional\nattachment<\/li><\/ul>\n\n\n\n
In\nthe previous version of Form number MR.1, a letter of consent of the\nappointment from the whole time director or manager or the managing director\nwas also required. However, this requirement has been removed from the amended\nform.<\/p>\n\n\n\n
The\nform is also required to be digitally signed by either the director or manager\nor CEO or CFO, or company secretary, along with the declaration that the board\nof directors has appointed such person to sign the form, to declare that all\nthe requirements under the Companies Act of 2013 and Companies (Appointment and Remuneration of Managerial\nPersonnel) Rules of 2014 have accurately been\nmet with and that all the information provided under the form is accurate,\ngenuine and complete and no material information in relation to this form has\nbeen suppressed.<\/p>\n\n\n\n
The\nform is also required to be certified by a cost accountant in practice or a\ncompany secretary, or a chartered accountant in practice. Such person shall declare\nthat she has been duly appointed to certify this form and that she has gone\nthrough the contents of the form, and that all the requirements under the\nCompanies Act of 2013 and Companies (Appointment and Remuneration of Managerial Personnel) Rules,\n2014 have sufficiently been met with and\nthat all the information provided under the form is accurate, genuine and\ncomplete and no material information in relation to this form has been\nsuppressed.<\/p>\n\n\n\n