The Ministry of Corporate Affairs (MCA) on October 27, 2023, published the Companies (Management and Administration) Second Amendment Rules, 2023 to further amend the Companies (Management and Administration) Rules, 2014
This shall come into force on October 27, 2023.
The following has been amended namely: -
• in rule 9 which states “Declaration in respect of a beneficial interest in any shares” after sub-rule (3), the following sub-rules shall be inserted, namely: -
“(4) Every company shall designate a person who shall be responsible for furnishing and extending cooperation for providing, information to the Registrar or any other authorized officer with respect to a beneficial interest in shares of the company.
(5) For the purpose of sub-rule (4), the company may designate-
(i) a company secretary, if there is a requirement of the appointment of such company secretary under the Act and the rules made thereunder; or
(ii) key managerial personnel, other than the company secretary; or
(iii) every director, if there is no company secretary or key managerial personnel
(6) Until a person is designated as referred under sub-rule (4), the following persons shall be deemed to have been designated persons;
(i) company secretary, if there is a requirement of appointment of such company secretary under the Act and the rules made thereunder; or
(ii) every Managing Director or Manager, in case a company secretary has not been appointed; or
(iii) every director, if there is no company secretary or a Managing Director or Manager
[Notification No. G.S.R. 801(E)]