As per section 192 of the Companies Act, 1956, no need to file Form-23 for the appointment of WTD. Form-23 is required only for appointment of MD under section 192 of the Companies Act,1956.
The proposed appt. of WTD is under the provisions of Sch. XIII and subject to the CG approval, hence, is to be passed by a special resolution. Sec. 192 categorically provide that all sp. res. need to be filed by F/23.
My query is whether I have to file after board meeting or after postal ballot? and with or without agreement? F/25C does not require any agreement to be filed with it.
13 February 2013
the board will appointment him as WTD, by executing the agreement on the same date. consent of the Appointment by the members u/s . 269 etc. with sch. XIII is scheduled by postal ballot. result of which will be declared after stipulated time, which certainly will be more than 30 days of the b.meeting and the date of execution of agreement, hence i need to file F/23 attaching agreement.
Pl. also note that the proposed remuneration is beyond the limit of the sch. XIII and hence will be referred to CG. Approval u/s. XIII is mainly because of treating it as the minimum remuneration in the event of the loss / inadequacy of the profit.
Request to provide feedback on a query that need i file form 23 for his appt. after the announcement of the result, since it is special res. i.e. filing of F/23 required twice, in this case??
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