What is Section 203 read with the rule 8?
Asked by: Jackson Koepp | Last update: February 23, 2026Score: 4.9/5 (19 votes)
Section 203 read with Rule 8 of the Companies Act, 2013 mandates specific companies (listed or public with ₹10 crore+ paid-up capital) to appoint Key Managerial Personnel (KMP) like CEO/MD, CS, and CFO, while Rule 8A adds that private companies with ₹10 crore+ capital need a full-time Company Secretary, defining who must hold these senior executive roles for corporate governance.
What is Section 203 Rule 8?
KEY MANAGERIAL PERSONNEL (SECTION 203)
Further, as per Rule 8A of the Companies (Appointment and Remuneration of Managerial Personnel) Rules, 2014, a company other than a company which is required to appoint a whole time key managerial personnel as discussed above and which is having paid up share capital of Rs.
What is Section 203 of the company Act?
Section 203 of the Act lays down that the CFO is a whole- time KMP and is prohibited from holding office in more than one company except in its subsidiary company at the same time. There are other elements of conduct that are provided in the Act as being relevant to the functioning of a KMP….
What is the rule 8 of Companies Act, 2013?
Every listed company and every other public company having a paid-up share capital of ten crore rupees or more shall have whole-time key managerial personnel. Every private company which has a paid up share capital of ten crore rupees or more shall have a whole -time company secretary.
What is the rule 8 for directors appointment?
(8) No person shall hold the position of small shareholders® director in more than two companies at the same time: Provided that the second company in which he has been appointed shall not be in a business which is competing or is in conflict with the business of the first company.
#24 Section 203 Appointment of Key Managerial Personnel || Companies Act 2013 || LAW
What is the rule 8 and 8A?
(b) Another way of reading it is that Rule 8 covers all listed companies and other public companies with paid up capital of 10 crores or more. Accordingly Rule 8A covers all private companies with paid up capital of 5 crores or more and unlisted public companies with paid up capital between 5 to 10 crores.
What are the rules for directors appointment?
(1) A person who is not a retiring director in terms of section 152 shall, subject to the provisions of this Act, be eligible for appointment to the office of a director at any general meeting, if he, or some member intending to propose him as a director, has, not less than fourteen days before the meeting, left at the ...
What does Section 8 of the companies Act deal with?
Section 8(1) of the Companies Act, 2013 provides for registration of a person or association of persons as a section 8 Company on fulfillment of certain conditions and procedure as prescribed therein. The term “person” has not been defined in the Companies Act, 2013.
What is the rule 8 of companies Act 2014?
(8) The names released on change of name by any company shall remain in data base and shall not be allowed to be taken by any other company including the group company of the company who has changed the name for a period of three years from the date of change subject to specific direction from the competent authority ...
What is the rule 8A appointment of CS?
b) Limit of the required appointment of Company Secretary under the Rule 8A= Company having Paid Up share Capital of Rs. 5 Crore and above, Irrespective of Company Type. Conclusion: The Rule 8A has an overriding affect on the terms of Appointment of Company Secretaries.
What is the penalty for not maintaining register of directors?
In the case of default in non-maintenance of the register of charges, then the company is charged with a penalty of Rs. 5 Lakh to 10 lakhs, and every officer of the company involved in the default shall be liable to a penalty of Rs. 25,000 to maximum Rs. 1,00,000.
Can a Managing Director be chairman?
Under LODR Regulations, the separation of the roles of Chairperson and MD is optional, not mandatory. Under the Companies Act, 2013, the same individual can hold both roles if: The Articles of Association of the company allow it, or. The company is not engaged in multiple businesses, or.
What is Section 203 of the Secure Act?
SECURE Act, Section 203 requires participant benefit statements to include a lifetime income disclosure only for defined contribution plans subject to the Employee Retirement Income Security Act of 1974, as amended (ERISA).
What is the penalty for Section 203 of the Companies Act, 2013?
[(5) If any company makes any default in complying with the provisions of this section, such company shall be liable to a penalty of five lakh rupees and every director and key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees and where the default is a ...
What is the rule 8 of companies management and Administration Rules 2014?
(8) If the company changes the designated person at any time, it shall intimate the same to the Registrar in e-form GNL-2 specified under the Companies (Registration Offices and Fees) Rules, 2014.
Can a director be appointed as CFO?
To be a CFO one need not be the director of the company. Although, he has been recognised as the Key Managerial Personnel (KMP). A CFO cannot hold office as a CFO in more than one company except in its subsidiary company at the same time.
What is Section 203 of the Companies Act, 2013 rule 8?
Every private company which has a paid up share capital of ten crore rupees or more shall have a whole -time company secretary. A company other than a company covered under rule 8 which has a paid up share capital of five crore rupees or more shall have a whole-time company secretary.
Can a company buy back debentures?
Pursuant to section 68 (9) of Companies Act, 2013 read with Rule 17 of The Companies (Share Capital & Debentures) Rules, 2014, Where a company buys back its shares or other specified securities under this section, the company shall maintain a register of shares or other securities so bought-back the consideration paid ...
What is a consent to act as a director?
(1) A company contravenes this subsection if a person does not give the company a signed consent to act as a director of the company before being appointed. (2) The company must keep the consent. (3) An offence based on subsection (1) or (2) is an offence of strict liability.
What are the disadvantages of Section 8?
Cons of Section 8 housing, primarily from a landlord's perspective, include extensive paperwork, strict annual inspections (requiring potential costly repairs), rent control (limits on pricing), administrative hassles with Public Housing Authorities (PHAs), delayed first payments, and more complex evictions; for tenants, cons can involve program stigma, difficulty finding landlords willing to accept vouchers, benefit reductions with increased income, and potential for living in lower-income areas with higher social issues like substance abuse or crime, though program administration varies.
What documents are needed for Section 8 registration?
How do I apply?
- Income paperwork (pay stubs) and bank information.
- If applicable, other forms of public assistance paperwork (SSI, SNAP, etc)
- Proof of citizenship and Social Security Cards.
What are the key features of Section 8 companies?
The primary features of a Section 8 company include its non-profit nature, prohibition on the distribution of profits to members, and the utilization of income for charitable purposes. Section 8 companies are incorporated as companies limited by guarantee or without share capital.
Can a director be appointed without board approval?
Key Requirements for Appointment or Resignation
Director Identification Number (DIN) : Mandatory for individuals being appointed as directors. 2. Board and Shareholder Approval : Board resolution for appointment or resignation; shareholder approval for specific appointments.
Who is more powerful, CEO or board of directors?
Strategic Oversight: The Board of Directors sets the overall strategic direction of the company. The CEO is responsible for executing this strategy, but the Board has the power to approve or reject major strategic decisions.
What are the liabilities of a director?
6.0 The directors of a company may also face liability under other Indian Laws, such as liability for dishonour of cheques under the Negotiable Instruments Act, offences under the Income Tax Act, 1961, violation of the Foreign Exchange Regulations, breach of the SEBI Act and various SEBI Regulations, non-payment of ...