Sowmya.S.Balan (Paid Assistant) (749 Points)
02 March 2012Dear Sirs
In our comapny we have appointed managing director, chairman, executive director for 2 years only and after 2 two years we reappointed the same persons in the same designations. In form 32 only provision for intimating appointment, cessation & change in designation only.Whether we are required to intimate ROC regarding the retirement of directors & reappointment of the same persons in the same designations ? please advise me?
CA.HARSHIT KHATRI
(CHARTERED ACCOUNTANT)
(47 Points)
Replied 02 March 2012
No need to file Form 32 since it is required only when there is any change in directorship of the company.
Sowmya.S.Balan
(Paid Assistant)
(749 Points)
Replied 02 March 2012
Dear Sir,
Thank You for your advice. Whether it is required to file any other form to ROC or intimate ROC
CA.HARSHIT KHATRI
(CHARTERED ACCOUNTANT)
(47 Points)
Replied 02 March 2012
In case of re appointment of managing director, the forms to be filed :
Form 23 ,regarding Board Resolution passed for the reappointment of MD. [Section 192 (4)(C) ]
Form 25C (OR Form 25A where C.Govt. approval required) [Section 269 (2) ]
Form 23 (if Special Resolution is passed at EGM/ AGM) [Section 192 (4) (a)]
CA.HARSHIT KHATRI
(CHARTERED ACCOUNTANT)
(47 Points)
Replied 02 March 2012
You should check out the above relevant sections for details.
Ajay Mishra
(Company Secretary)
(74342 Points)
Replied 04 March 2012
Hi Sowmya
In Companies Act, 1956 it says that you can appoint Managing Director at a time for maximum period of 5 years but not define the minimum period, it totally depend on your company’s articles.
If you had appointed a person as Managing Director or Executive Director for 2 years and after and you have filled the Form-23, Form-25C and Form-32 at that time. Before expiring of said 2 years it is required to reappoint the Managing Director and File the same form accordingly.
As your case I will suggest you to file Form-32 with designation of Managing Director within 30 days from the date of appointment.
Regards
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