CS Executive · Company Law and Practice · Key Managerial Personnel and their Remuneration
Meera Iyer is the whole-time Chief Financial Officer of Kaveri Foods Ltd. She is offered the post of whole-time company secretary in an unrelated company, Sagar Pharma Ltd, which is not a subsidiary of Kaveri Foods. Which statement is correct under section 203(3)?
She cannot hold whole-time KMP office in both companies, because section 203(3) permits multiple offices only in a subsidiary company. The proviso lets a KMP be a director of another company with Board permission, but it does not permit a second KMP post in an unrelated company.
- AShe may hold both offices because KMP can hold office in any two companies
- BShe may hold both offices if the members pass an ordinary resolution
- CShe may hold both only if Sagar Pharma is a private company
- DShe cannot hold whole-time KMP office in both, as the exception covers only a subsidiary company; she may however be a director of another company with Board permissionCorrect
Explanation
Section 203(3) bars a whole-time KMP from holding office in more than one company except its subsidiary. The proviso allows only a directorship in any company with Board permission, not another KMP post. Sagar Pharma is not a subsidiary, so the dual KMP role is not allowed.
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