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Re : appointment of WTD

Jasjeet (in practice) (196 Points)

09 February 2011

Hi friends can u provide the complete list of requirements for re-appointment of WTD in a listed company.

regards

Jasjeet

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3 Replies

Jaideep (Service) (1368 Points)
Replied 09 February 2011

Hi Jasjeet,

For the quick response, following is coming in my mind.Any add-up and suggestion are most welcome.

Regards

Jaideep Pandya

Company should ensure that appointment is in terms of Part I and II of schedule XIII and for remuneration Part III of the said schedule.

Also Section 317 limit his term of office for 5 years.

Procedure:

1. Convene a BM as per section 286 to consider following:

To take decision on the person to be appointed as WTD.

Approve draft agreement , if any.

Fix time, venue and date of GM.

Approve notice of GM and to authorize in this behalf to send notices.

2. Send copy of notice to SE.

3. Hold GM and get the resolution passed for appointment.

4. Submit to SE proceedings of GM

5. Execute agreement as approved by the Board.

6. Make necessary entries in Register od Directors.

7. File the form 23 within 30 days from passing of resolution of his appointment for BM and GM and form25C within 90 days of his appointment with ROC.

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SANTOSH SHAH (Company Secretary) (754 Points)
Replied 09 February 2011

Originally posted by : Jasjeet
	Hi friends can u provide the complete list of requirements for re-appointment of WTD in a listed company. regards Jasjeet

The procedure for appointment / Re-appointment of WTD is almost same, as the term appointment as per the Act includes also re-appointment.

Agree with Mr. Jaydeep.

Mr.Jaydeep,

But do we need to file Form 32 for re-appointment with ROC ??

regards

Santosh Shah

Love Kumar (COMPANY SECRETARY) (101 Points)
Replied 09 February 2011

Dear Santosh,

There is no need to file F-32 while the reappointing the WTD because F-32 has already been filed while the appointment of WTD as change in designation of a director.

Regards,

Love Kumar