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Appointment of MD

Khushboo Maheshwari (Company Secretary) (548 Points)

10 July 2010

Hi, my query is suppose a board by circulation passes a resolution regarding appointment of manager/MD on June 10, 2010. Can the MD be appointed (date of appointment of MD) w.e.f. from June 1, 2010

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6 Replies

(Guest)

MD/WTD/Manager can not be appointed with Restrospective date..

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 12 July 2010

Agree with the observation of Ankur. However just to mention approval of managerial remuneration with retrospective effect is very much possible.

Thanks

Khushboo Maheshwari (Company Secretary) (548 Points)
Replied 21 July 2010

Originally posted by : Ankur Garg

Agree with the observation of Ankur. However just to mention approval of managerial remuneration with retrospective effect is very much possible.

Thanks

Our Dear Roc just approved the appointment from retrospective date by approving form 32 and 25C

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 22 July 2010

Dear Khushboo,

Let me inform your that it is not the duty of ROC to intimate you anything and you can not claim the ROC approval in court or in any legal metter.

So the approval of ROC is not surprising at all...in fact it is dangerous...

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 22 July 2010

I do agree, the Appointment of MD or WTD can be made with retrospective effect but the date is to be clearly mentioned in the resolution Board and / or SR.

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Khushboo Maheshwari (Company Secretary) (548 Points)
Replied 27 July 2010

Originally posted by : Ankur Garg
	Dear Khushboo, Let me inform your that it is not the duty of ROC to intimate you anything and you can not claim the ROC approval in court or in any legal metter. So the approval of ROC is not surprising at all...in fact it is dangerous...

Even if agreed to you........sir please clarify why can't the board appoint a person from retrospective effect. Further nowhere in the act is this provided that the MD/Manager cannot be appointed from retrospective effect