MR – 1


Return of appointment of MD/WTD/Manager

  • eForm MR-1 is filed in pursuant to Section 196, 197, and Schedule V of the Companies Act, 2013 and Rule 3 of the Companies (Appointment and Remuneration of Managerial Personnel) Rules 2014.
  • In case the appointment of an key managerial personnel is made within the specified parameters (in accordance of schedule V of the Companies Act, 2013) then a return has to be filed in eForm MR-1 with RoC within 60 days from the date of such appointment. The provisions of section 196 are applicable to all the companies whether public or private and no company can appoint at the same time managing director and a manager.
  • While the maximum term of Managing Director/ Whole Time Director & Manager has been fixed for 5 years at a time, it has been provided that no reappointment shall be made earlier than 1 year before the expiry of his term.
  • Enter approved DIN or valid income tax PAN.
  • Please provide DIN in case the designation is whole time director or managing director and PAN in case of manager.
  • Enter the full name of the person who is being appointed.
  • Enter the details of remuneration including salary, perquisites and others either per month or per annum.
  • The field ‘total’ should be equal to the sum of salary, perquisites and others.
  • ‘From’ date should be the effective date of appointment of the appointee.
  • If the age of appointee is more than 70 years, then enter the date of passing of special resolution by the shareholders authorizing the appointment.
  • Enter a valid SRN of eForm MGT.14 filed for special resolution authorizing appointment where the age of appointee is more than seventy years of age.
  • If the appointee had been convicted or detained under any of the Acts mentioned in Part I of Schedule V, then enter the date of obtaining central government’s approval for the same.
  • Enter a valid SRN of eForm MGT.14 filed for registration of agreement or special resolution passed authorizing such appointment.

 

Certificate by practicing professional

  • The eForm should be certified by a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice) or company secretary (in whole-time practice) by digitally signing the eForm.
  • Select the relevant category of the professional and whether he/ she is an associate or fellow.
  • Enter valid membership number and certificate of practice number of the practicing professionals.

Attachments

  • The following attachments are mandatory in all the cases:
  • Certified true copy of Board Resolution
  • Copy of letter of consent to act as a managing director, whole time director, or manager
  • Certified true copy of shareholders resolution along with explanatory statement is mandatory in case passed for such appointment
  • Copy of central government approval is mandatory in case appointee is convicted or detained as per Schedule V.
  • Copy of certificate by the Nomination and Remuneration Committee of the company, if any

 

Fee for filing e-Forms or documents in case of company have share capital:

  • Nominal Share Capital
  • Fee applicable
  • Less than 1,00,000
  • Rupees 200
  • 1,00,000 to 4,99,999
  • Rupees 300
  • 5,00,000 to 24,99,999
  • Rupees 400
  • 25,00,000 to 99,99,999
  • Rupees 500
  • 1,00,00,000 or more
  • Rupees 600

Fee for filing e-Forms or documents in case of company not have share capital

  • Rupees 200

Please note: I welcome your comments and feedback. This blog post is not a professional advice. Readers may share this post on social media by using buttons given here.

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2 responses to “MR – 1

  1. Pingback: Index of Companies Law Posts | AishMGhrana

  2. Pingback: APPOINTMENT OF MANAGERIAL PERSONNEL | AishMGhrana

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