The company (Public Co. unlisted) is appointing its MD by following the provisions of Sh. XIII, is it necessary to file form 25C is it not sufficient to file only 23 and 32.
Khushboo Maheshwari
(Company Secretary)
(548 Points)
Replied 18 September 2013
| Originally posted by : SAJAD | ||
 |
The company (Public Co. unlisted) is appointing its MD by following the provisions of Sh. XIII, is it necessary to file form 25C is it not sufficient to file only 23 and 32. |
 |
Section 269 (2) specially states this - On and from the commencement of the Companies (Amendment) Act, 1988, no appointment of a person as a managing or whole-time director or a manager in a public company or a private company which is a subsidiary of a public company shall be made except with the approval of the Central Government unless such appointment is made in accordance with the conditions specified in Parts I and II of Schedule XIII (the said Parts being subject to the provisions of Part III of that Schedule) and a return in the prescribed form is filed within ninety days from the date of such appointment.
You are required to file Form 25 C, filling of Form 23 and 32 are not sufficient
Thanks
SAJAD
(company secretary)
(90 Points)
Replied 18 September 2013
if remuneration is revised , is Form 25c required to file.
Ajay Mishra
(Company Secretary)
(74337 Points)
Replied 18 September 2013
Hi
Agree with Expert....
Appointment of a person as a managing or whole-time director or manager in accordance with the provisions of Schedule XIII of the Companies Act, 1956 can be made without obtaining the approval of the Central Government. Also, a return in the prescribed e-Form 25C shall be filed electronically with the concerned Registrar of Companies within ninety days from the date of appointment.
Form-25C is dealing with appointment of MD/WTD/Manager and not for change in remuneration in director.
Analysis of 20 GST Notices (including 2 Appeals) and Practise on Drafting(with recording)
CAclubindia
