APPOINTMENT OF DESIGNATED PERSON IN RESPECT OF COMPLIANCE WITH BENEFICIAL INTEREST IN ANY SHARES 

As per MCA amendment vide Circular dated October 27 2023, The Companies (Management and Administration) Rules, 2014, every company shall designate a person who shall be responsible for furnishing, and extending co-operation for providing, information to the Registrar or any other authorized officer with respect to beneficial interest in shares of the company and every company shall inform the details of the designated person in Annual return. 

ANALYSIS:

According to the amendment under rule 9 (Declaration in Respect of Beneficial Interest in Any Shares) of the Companies (Management and Administration) Rules, 2014 five new sub-rules are introduced stating:

i) To designate a responsible person for providing information to the Registrar or any authorized officer regarding beneficial interests in the company’s shares;

ii) Options for designating a responsible person, which may include a company secretary, key managerial personnel (other than the company secretary), or every director (if there is no company secretary or key managerial personnel);

iii) Until a responsible person is designated, certain specified individuals under rules are deemed to have been designated;

iv) Every company shall inform the details of the designated person in Annual return; and

v) Further, in case of any change in designated person, the company shall intimate the Registrar vide E-Form GNL-2.

The draft resolution for this is as follows:

CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF BOARD OF DIRECTORS OF (COMPANY NAME) ON DAY, DATE, TIME, HELD AT/THROUGH __________-.

APPOINTMENT OF DESIGNATED PERSON FOR COMPLIANCE WITH BENEFICIAL INTERESTS IN SHARES:

“RESOLVED THAT Pursuant to Rule 9(4) of the Companies (Management and Administration) Rules, 2014 and other applicable provisions of the Companies Act, 2013 and Rules made thereunder, the Board of Directors hereby appoints ________________-, (Director/Company Secretary) of the Company, as the Designated Person for furnishing, and extending co-operation for providing, information to the Registrar or any other authorised officer with respect to beneficial interest in shares of the company.”

“FURTHER RESOLVED THAT any of the Directors or the Company Secretary of the company be and is hereby authorized to do all such acts, deeds and things as may be required in this regard.”

//CERTIFIED TRUE COPY//
For Company name


DIRECTOR/CS NAME
DESIGNATION 
(DIN :)

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From the desk of CS Sharath