A director of a pvt. company was appointed as WTD last year for term of 5 years. Now can I change him to MD before expiry of his period.Please suggest
SkDash
(CS (Member) CWA (Final))
(909 Points)
Replied 02 April 2013
I feel, it requires process for resignation from WTD and fresh appointment for MD. Not sure
Priya
(trainee)
(64 Points)
Replied 02 April 2013
That is fine...but whether before expiration can I change the terms??That is the confusion.
Rakesh Dhanuka
(Company Secretary)
(478 Points)
Replied 02 April 2013
Yes, before expiration of term you can change the designation and terms of appointment. Refer AOA of your company in this regards and pass Board Resolution. File form 32 for change in designation and terms.
Others view solicited.
Khushbu Jaiswal
(CA Finalist)
(528 Points)
Replied 02 April 2013
Yes the appointment of WTD as MD can be done before expiration of term. It is required to pass Board Resolution and form 32 need to filed for change in designation.
The above suggestion is subject to that any special provision has not been passed in the AOA of company regarding appointment of MD
ACS Deepika Chowdhary
(Company Secretary)
(280 Points)
Replied 03 April 2013
Originally posted by : Rakesh Dhanuka | ||
Yes, before expiration of term you can change the designation and terms of appointment. Refer AOA of your company in this regards and pass Board Resolution. File form 32 for change in designation and terms. Others view solicited. |
Agree with Rakesh.