06 June 2014
AD can be appointed in a Board Meeting by passing a Board resolution. He holds office upto date og next AGM. So u can appoint him as AD in BM and make him Director in ensuing AGM by filing Form DIR 12 for change of designation.
Querist :
Anonymous
Querist :
Anonymous
(Querist)
06 June 2014
Thanks Chandani Ma'am for your valuable revert.
Ma'am I need to confirm whether we can regularise (as per section 160 of CA 2013) AD by calling an EGM as we have also passed a resolution in BM held on May 27, 2013, appointing that person as MD also. So in order to comply with Sec 196(4), wherein we need to file MR1 i.e Return of appointment of MD within 60 days of appointment, as we cant wait for AGM (to be held in month of Sep' 14) and then regularise him to AD and re-appoint him as MD.
Thanking you in anticipation of your helpful comments.
09 June 2014
As per sec 179(3) powers conferrd to Board, the BOD of comapany can appoint/ remove any KMP by passing a Board Resolution. So you can go with the appointment of MD in a Board Meeting and regularize him in General meeting later.
09 June 2014
Thanks a lot Madam for your valuable reply. Just a last query, in case of appointment of MD in Private Company, is Form M.R 1 (erstwhile Form 25C) is mandatory to be filed with ROC?
Further whether Section 196 (4) is applicable to Private Companies also.