Appointment of cmd with retrospective effect.

ars (CS) (445 Points)

11 July 2013  

A' is proposed to be promoted and appointed as CMD from a Director in the same co.,  to be effective from his appointment in the board meeting in july'13.  in the ensuing AGM in sept.13 the members consent will be sought. it is also proposed that his service agreement as approved in the AGM, will be executed there after.

query:

1. can he be appontment as CMD in the AGM with retrospective effect ? if yes then do we have to mention that "his appointment is with retrospective effect"  in the resolution or exp. statement ? what will be his status from july to sept (AGM date)  a Director or CMD?

2. can he be appointed as a non-rotational director in the board meeting? also to be mentioned in the AGM resolution? any other approval / permission required for it - if yes then how?

3.  F/32 has to be filed within 30 days of the board meeting date, F/ 25A within 90 days and F/ 23 to be filed after agreement is inked on the date of AGM - correct?

4. sec. 302 will be complied with, if his terms of appontment contact is included in  the notice / Annual Report?

request to reply at the earliest