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 ?
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)
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.
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.
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