Reappointment of m.d.

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

22 April 2013 Ours is a pvt. ltd. company in which M.D. was appointed for 5 years and the same expired in the year 2012 and we have not passed any resolution for reappointment. Now we want to increase there remuneration what are the necessary forms or resolution that we are to file and whether we need to intimate it to ROC also.

Ankur Garg

Ankur Garg (Expert)
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22 April 2013 First understand a private company is not under compulsion to appoint MD and provisions of remuneration are not applicable to a private company.

So simply pass a board resolution in back date in 2012 for re-appointment of MD and file form 32 with late fee. Further being a private company you are free to increase remuneration of MD and there is no need to report the same to ROC.

Also check AOA provisions regarding remuneration to director.

Ankur

Querist : Anonymous

Querist : Anonymous (Querist)

22 April 2013 Thanks sir so for reappointment we need to file form 32 with the ROC only and simply pass resolution for increase in salary.

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