What is the procedure for the appointment of key managerial personnel (KMP) under the Companies Act 2013? A. Appointment through shareholder voting B. Appointment by the board of directors C. Appointment through public advertisement D. Appointment by the regulatory authority
Question
What is the procedure for the appointment of key managerial personnel (KMP) under the Companies Act 2013? A. Appointment through shareholder voting B. Appointment by the board of directors C. Appointment through public advertisement D. Appointment by the regulatory authority
Solution
The procedure for the appointment of key managerial personnel (KMP) under the Companies Act 2013 is as follows:
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Identification of Candidate: The first step is to identify the potential candidates who are suitable for the role of KMP. This can be done through various methods such as internal recruitment, external recruitment, or through a recruitment agency.
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Approval by Nomination and Remuneration Committee: The identified candidate must be approved by the Nomination and Remuneration Committee of the company. The committee is responsible for ensuring that the candidate is suitable for the role and meets all the necessary qualifications and experience.
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Approval by Board of Directors: After the approval by the Nomination and Remuneration Committee, the candidate must be approved by the Board of Directors of the company. The Board of Directors is responsible for the overall management of the company and therefore, their approval is necessary for the appointment of KMP.
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Shareholder Approval: After the approval by the Board of Directors, the appointment of the KMP must be approved by the shareholders of the company. This is usually done through a voting process in the annual general meeting of the company.
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Appointment Letter: Once all the approvals are obtained, the candidate is formally appointed as a KMP through an appointment letter.
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Disclosure to Regulatory Authorities: After the appointment, the company must disclose the appointment of the KMP to the regulatory authorities as per the requirements of the Companies Act 2013.
So, the correct answer is a combination of A and B. The appointment is done through
Similar Questions
Which of the following statements is true regarding the appointment of key managerial personnel (KMP) under the Companies Act 2013? A. KMP can be appointed without the approval of the board of directors B. KMP appointments must be disclosed to the Registrar of Companies (ROC) C. KMP appointments do not require any formal documentation D. KMP can be appointed indefinitely without any review
What are the roles and responsibilities of key managerial personnel (KMP) as per the Companies Act 2013? A. Providing technical support to the board of directors B. Representing the company in legal matters C. Ensuring compliance with statutory requirements D. Shareholders with substantial ownership in the company
Under the Companies Act 2013, who has the authority to determine the remuneration of key managerial personnel (KMP)? A. The Chief Executive Officer (CEO) B. The board of directors C. Shareholders D. The government regulatory body
Which of the following is NOT a key managerial personnel (KMP) position as per the Companies Act 2013? A. Chief Financial Officer (CFO) B. Chief Operating Officer (COO) C. Head of Human Resources D. Head of Marketing
What is the maximum term of office for key managerial personnel (KMP) under the Companies Act 2013? A. One year B. Three years C. Five years D. There is no maximum term limit
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