Whether Form 23 is to be filed in case of appointment of MD at the AGM of the Company. Section 192 of the Companies Act, 1956 provides for the resolution of the Board of Directors for the appointment/re-appointment of MD so we have filed form 23 within 30 days of passing of the Board Resolution. Now, when the approval of the members is accorded to the appointment of MD at the AGM of the Company by way of an Ordinary Resolution, whether once again Form 23 is to be filed??????Kindly quote the relevant section in this regard????????
According to my personal opinion registration of same resolution twice with ROC through form 23 sounds very strange, though the passing auth are different.
However keeping in view the practice it is advisable to file form 23 again. I am following the same practice.
If you have appointed MD as per Schedule XIII of the Companies Act, 1956, In this case you need to file 2 Form 23 with ROC:
First Form 23 is required to be filed with in 30 days from the date appointment or made agreement for appointment as per section 192(4) (c ). and
Second Form-23 is required to be filled with in 30 days from the date of passing of Special Resolution in general meeting as per section 192 read with Part III of Schedule XIII of the Companies Act, 1956.
You can not appoint MD as per Schedule XIII with Ordinary Resolution.
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