Appoinment of wholetime director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

24 August 2011 Dear Sirs,

My query is with respect to appointment of WTD in a Pvt Co.

ABC Pvt Ltd cenvened and held its EGM on 1.08.2011 and passed one resolution appointing Mr. X as Director and immediately next resolution was passed for appointment of Mr. X as WTD.

My query is:

1. Can a person be appointed directly as Director EGM?
2. If yes, then while filing of form 32 for his appintment, how many form 32 have to filed?

What I have understtod from the Companies act is that a person should be a director before being appointed as MD or WTD.

So according to me Company will have to file Form 32 twice. One for appointing him as Director and then another form 32 for Change in designation from Director to WTD.

Learned members are requested to give thier valuable suggestions on the same.

Thanking you in advance.

RG - A Helping Hand

RG - A Helping Hand (Expert)
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24 August 2011 your secretarial practice is right.
However there is no point filing the same form 32 twice for same date event.

Simply file one form 32 mentioning the person as WTD.

For other purposes your board minutes are enough to show that u were on the right track.

rgds