ars (CS) (445 Points)
18 August 2010In superssession of all previous res. a fresh res. for the reappointment of the WTD was passed, (basically to increase the remuneration with new terms) in the last AGM of a listed Co.
form 25A has been filed.
query is whether form 32 need to be filed? since it is merely a reappointment?
Ankur Garg
(Company Secretary and Compliance Officer)
(114778 Points)
Replied 18 August 2010
Technically and legally it is required to be filed as appointment includes re-appointment as per explanation attached with section 269.
But in practice you may avoid filing form 32 bcoz there is no change in designation.
Regards
Ajay Mishra
(Company Secretary)
(74342 Points)
Replied 18 August 2010
Dear Friend
Appointments includes re-appointment. I think you have change the terms and condition of the remuneration paid to the WTD and not to the appointment because WTD is not appointed for limited period.
If your company change the remuneration of WTD then only form 23 is sufficient to file with ROC unless you re-appointed your WTD.
Regards
Ajay Mishra
CAclubindia
