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RE-APPOINTMENT OF M.D

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(Querist)
07 April 2010 Dear der

my query is regarding if a resolution for re-appointment of M.D can have retrospective effect. ex., the tenure of M.D expires on 31.03.2010. can a resolution for his re-appointment be passed in a Board meeting on 05.04.2010 with retrospective effect from 01.04.2010.
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Jagruti (CS)

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Jagruti (CS) (Expert)
07 April 2010 On expiry of tenure of MD he vacates his position as MD with immediate effect.Thus, act done by such director as MD will not be vaild.

Reappointing him in Board Meeting after the expiring of term will mean rectification of error.

Hence it is advisable to appoint in Board Meeting prior to 31.03.10, if possible. Otherwise you can appoint him on 05.04.10.
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CMA. CS. Sanjay Gupta

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CMA. CS. Sanjay Gupta (Expert)
07 April 2010 AGREE WITH EXPERT
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Kavitha

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Kavitha (Querist)
07 April 2010 you mean to he cannot be re-appointed retrospectively
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Rasesh

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Rasesh (Expert)
07 April 2010 Cannot be appointed or re-appointed with retrospective effect.

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