Hi friends..
I want to know whether the consent is required in e form 32 if an existing director is to become the Managing Director i.e. change in designation in case the company is a public limited company..
7 Replies
CS MOHIT SALUJA
(PRACTICING CS Jalandhar 9914558709)
(5155 Points)
Replied 19 March 2012
As per my view points, there must be receiving a consent letter from the director to act as MD of the company and it should further be filed with teh concerned registrar in Form 32 and it as a special resolution, Form 23 should also be filed in case of Private Limited Company. More over in case of a Public Limited Company we have to file form 25 C with aatchement of agreement with Managing director regarding his remuneration and others, it simply exhibits that the Directors has consented to become the MD. But still, consent letter should be taken.
Amit Kumar Verma
(CA Final CS Professional)
(501 Points)
Replied 19 March 2012
Thankyou Mihir, Abhishek and Mohit
bt Mohit please tell me why form 25 C is required to be filed and what particulars are required to be filed in form 25 C.
Thanks again...
Anshu Shrivastava
(company secretary)
(143 Points)
Replied 19 March 2012
it hs been specifically prescribed to file form 25c with the Registrar of Companies for app. of MD, Manager, WTD.
It has to be filed within 90 days of passing the resolution for app. as MD.
Before filing this form Form 32 has to be filed for change in his designation from being a Director to Managing Director.
Form 32 will be filed within 30 days of appointing an existing director as an MD.
Hope its clear.
Anshu Shrivastava
(company secretary)
(143 Points)
Replied 19 March 2012
and yes in form 25C u have to file copy of resolution appointing him as an MD specifying terms subject to which his appointment has been made.
Amit Kumar Verma
(CA Final CS Professional)
(501 Points)
Replied 21 March 2012
yeah its clear..
Thanks Anshu
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