While uploading Form 32 for Directors appointment, MCA displays message tht independent category is applicable to public ltd. cos.
Then wht category shud be selected, professional or promoter??
Rgds,
Neha
Archana
(Company Secretary)
(165 Points)
Replied 23 May 2011
Dear Neha,
If it belongs to promoter group, it should be in promoter category .
Pls provide more details as to wht kind of director u r appointing, its a pvt or public co., etc
neha
(CS)
(292 Points)
Replied 23 May 2011
thanks archana. further it is pvt. ltd. co.& form 32 is being filed late for regularizing appointment of additional director.
Archana
(Company Secretary)
(165 Points)
Replied 23 May 2011
does he belongs to the promoter group..if yes select promoter category else professional if he possesses technical qualification required.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 23 May 2011
Yes it is a technical problem, if you select the Executive category then the system would not allow you to select Independent Category in both Private as well as Public Companies.
Patric
(Employment)
(27 Points)
Replied 02 June 2011
Hi
I read some opinions in this topic. I do not agree above ideal. We can find out some articles at about.com by using Google search.
Priyanka
(Assistant Company Secretary)
(905 Points)
Replied 02 June 2011
I USE TO PREFER PROMOTER WITH THE PVT. COS. DIRECTOR WHILE FILING. PRACTICALLY MOSTLY THE COS. APPOINTS DIRECTOR IN PROMOTER CATEGORY INSTEAD OF PROFESSIONAL. RECTIFY IF WRONG.
THANK YOU,
REGARDS
Archana
(Company Secretary)
(165 Points)
Replied 02 June 2011
As per my understanding & experience, promoter category is selected when any one proposed to be appointed belongs to the family of those whose names r appearing in MOA &AOA..ideally said to hve subscribed MOA & AOA .
Independent category is other than promoters and shud be non executive.such person shud not be connected in any ways as mentioned under the defination of ID in clause 49..Pvt co cn appoint independent director but its not mandated by the Act.
Professional category can be used for promoter group and non promoter group as well. It is generally used for taking the benefit of remuneration as restrictions under sec 269,198, sch XIII,etc r not applicable to technical directors possessing technical/professional qualification.
others views welcomed.
thnx
Archana Lahori
Depesh
(Company Secretary)
(22 Points)
Replied 27 July 2011
Independent Director ---independent of any interest in the company
Professional Director---Having professional expertise(either in terms of qualification or expertise
Promoter Director-who belongs to promoter group.
.....i welcome further view specially regarding promoter group