Query reg appt of Whole time dir in unlisted public compan

This query is : Resolved

Guest

Guest (Querist)

25 November 2010 Dear Friends / Experts,

Query

Whether an Unlisted Public company can appoint its whole time company secretary
as Whole time director. If so, should there be any agreement (mandatory) or fixed tenure, etc.

Ans : .................

If the Board approves the appointment as Whole time director, what are all the forms to be filed. (Is it Form 32 and Form 25C)

Ans : .................

As his appointment as whole time director by board, should the designation be filled as 'ADDITIONAL DIRECTOR' in the Form 32 and later regularised in the general meeting.

Ans : .................

Whether Form 23 is applicable for appointment of Whole time director of an Unlisted public company (or is it applicable only to a MD).

Ans : .................

I shall wait for your views.

Thanks.
D.KARTHIKEYAN.

Rasesh

Rasesh (Expert)
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26 November 2010 Ans 1: Yes. Wholetime CS can be appointed as WTD. Agreement not required mandatorily.

Ans 2: Form 32 to be filed as well as Form 25C

Ans 3: Can be appointed as Additional Director by first resolution and as WTD by second resolution. Regularisation at AGM is required.

Ans 4: In my view, Form 23 is required.

udit sharma

udit sharma (Expert)
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26 November 2010 Hi....

Agreed with Expert Rasesh except that Form 23 is not mandatorily required to be filed in case of WTD but as a good practice and to be on a safer side, it is better to file the same:-)

My query is that whether a whole time company secretar who is already devoting his entire time and energy in discharging the functions of a Company would be in a position to effectively discharge the functions of a Whole Time Director as well?????????

God Bless

Udit Sharma

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Rasesh

Rasesh (Expert)
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26 November 2010 Legally Yes.