E Form 32
This query is : Resolved
08 September 2010
Hi Friends
Can anyone tell me what is the definition of manager for filing of form 32.
Can a General Manager of a Pvt ltd Co is required to file form 32 for his appointment and whether he is also liable to sign the P&L and B/S as per the requirement of Section 215 of Companies Ac, 1956 ?
Thanking You in anticipation
Regards
Shyam
Can anyone tell me what is the definition of manager for filing of form 32.
Can a General Manager of a Pvt ltd Co is required to file form 32 for his appointment and whether he is also liable to sign the P&L and B/S as per the requirement of Section 215 of Companies Ac, 1956 ?
Thanking You in anticipation
Regards
Shyam
08 September 2010
Definition of Manager as per section 2 (24)--- "manager" means an individual (not being the managing agent) who, subject to the superintendence, control and direction of the Board of directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called and whether under a contract of service or not.
If you want to designate the person with above mentioned powers and responsibilities you have to file form 32 within 30 days of passing board resolution for appointment as Manager.
Yes if there is no CS a manager is required to sign form BS and PL u/s 215.
After appointment of manager you cannot appoint MD. (Section 197A)
If you want to designate the person with above mentioned powers and responsibilities you have to file form 32 within 30 days of passing board resolution for appointment as Manager.
Yes if there is no CS a manager is required to sign form BS and PL u/s 215.
After appointment of manager you cannot appoint MD. (Section 197A)
08 September 2010
Thank You Sir,
But if the MD is already appointed , then whether the manager can be appointed as there is a prohibition in Sec 197A.
Thanking You in anticipation
Regards
Shyam
But if the MD is already appointed , then whether the manager can be appointed as there is a prohibition in Sec 197A.
Thanking You in anticipation
Regards
Shyam
08 September 2010
A general manager for a private limited company is not a Manager under the Companies Act.
Companies (public or private) can have as many number of persons designated as general managers for various departments/functional areas. The position of a Manager under the Companies Act is different from the above.
Hope I have understood your query correctly.
Companies (public or private) can have as many number of persons designated as general managers for various departments/functional areas. The position of a Manager under the Companies Act is different from the above.
Hope I have understood your query correctly.
08 September 2010
It seems from the facts of the case that MD is the sole authority to whom the substantial powers of management are conferred. General Manager is for looking after the executive function. Hence, there is no requirement to file Form - 32.
regarding the signing of the P & L A/c and Balance sheet , it is not mandatory u/s 215 to sign the B/s by GM. In case there is CS appointed in a company , then the B/s and P & L is to be sgned by CS and by not less than two diretors one of whom shall be MD if there is one.
regarding the signing of the P & L A/c and Balance sheet , it is not mandatory u/s 215 to sign the B/s by GM. In case there is CS appointed in a company , then the B/s and P & L is to be sgned by CS and by not less than two diretors one of whom shall be MD if there is one.
08 September 2010
Your understanding is correct. Form 32 is not required to be filed for GM. Nor is he reqd to sign BS.
08 September 2010
Thank You all....
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Is this income indian or foreign income?
- ITC temporary reversal and reclaim
- Applicable TDS rate for sale of property in Nov 2024
- Inventory of finished goods
- Sale of property furniture sale
- Quiery in relation to GST liability in case of an advocate who has obtained GST registration.
- REGARDING 25 AS DATE OF PAYMENT AND DATE OF BOOKING
- Can we claim ITC of Feb-2024 in the month of November-2024 which was not claimed by oversight
- RCM INVOICING FROM NOV-2024
- Confusion around Form 26QB fields
- TDS under section and rate of TDS
- GST input on scooter purchased
- TDS under section 194Q and TCS under section 206C
- GST input on car insurance and repairs
- GST input on Diwali gift to employee
- GST input on Mobile Handset
- Material and freight in same invoice
- TDS under section 194J inclusive of reimbursement of expenses
- TDS on Material and Labour in same invoice
- Should I be worried about and rectify reporting Jan,Feb ,March 2024 foreign salary in schedule FA?
Trending Online Classes
CAclubindia
