Procedure for change of designation of director to md(pvt co

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

08 December 2014 Dear all,

For a Private Ltd. Company , I need to change the designation of a director already appointed in august 2014 into a managing director. I need to file form DIR-12 for intimating the change in designation. My queries are as follows :

1) Whether any attachment is required to be made for Form DIR-12 (as there is no such thing mentioned even in the Instruction Kit to DIR-12) ??

2) Whether any other forms like Form - MR-1 & MGT-14 are also required to be filed ?? (-in my opinion there is no need to file MR-1 & MGT-14 , as in this case there is no seperate appointment of director , a mere change of Designation of Dierctor)

kindly suggest me at the Earliest.

Thaanks & regards
Hari

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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08 December 2014 1) You have attach the following with DIR 12

1. Letter of appointment

2. Declaration of the appointee director in Form No. DIR-2

3. Interest in other entities of director If any

2) You have to file MR-1 & MGT 14

CS Divesh Goyal

CS Divesh Goyal (Expert)
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08 December 2014 yes am agree with answer of mr. mitesh mehta

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Querist : Anonymous

Querist : Anonymous (Querist)

09 December 2014 Dear Sir(s),

Thanks for ur kind replies. But what my doubt is , we are not appointing a new person as the Managing director. We are making a person who is already a director as Managing Director. So my point is , it comes to only a change in designation of director & a board resolution is sufficient to attach with the DIR-12 & also what is the requirement to file Forms MR-1 & MGT-1 ?? they are to be filed only when a person is appointed as a Managing director, but in the case der s no fresh appointment,just a mere change in Designation . Also being a Pvt. Ltd. company, der is no Limit on remuneration & no need to furnish remuneration details.
Finally, my query is whether a mere change in designation of the Director to MD is also considered as fresh appointment ??

Kindly clarify & suggest me considering the points given at the earliest.

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One more doubt relating to Appointment of Executive director in a PVT. Ltd. Co. :

1) Whether a person (not being a director in the company) can be appointed as an Executive director ?? & what the other directors want is, he should not be a director in the company ,but he should be appointed as an executive director for all the Official participation & taking care in the Administrative activities of the company. whether it is possible to do so ??