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Re-appointment of WTD(urgent)

Rakesh Dhanuka (Company Secretary) (478 Points)

07 July 2010

Hello friends,

Had a query - is form 23 required to be filed with ROC for re-appointment of WTD in AGM, because section 192 of the companies act specifically talks about Managing Director.

thanks in advance....

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6 Replies

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 07 July 2010

Hi,

Form-23 is not required in your case as far as section 192 is concerned.

However if in the re-appointment process special resolution is due whether for appointment or remuneration (read with sch XIII) then don’t forget to file form-23

Regards

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Rakesh Dhanuka (Company Secretary) (478 Points)
Replied 07 July 2010

At AGM we have passed ordinary resolution for his re-appointment....

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 07 July 2010

Tell me one thing---are u following CG approval route or sch XIII route for the appointment of WTD read with section 269?

Rakesh Dhanuka (Company Secretary) (478 Points)
Replied 07 July 2010

i m following sch XIII route with section 269

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 07 July 2010

As you are following Schedule XIII for appointment of Managerial Personnel ---Such re-appointment must be approved by post ordinary resolution passed by shareholders in the GM as desired by Part III of schedule XIII. So there is nothing to worry about…

However wait for other contrary opinions !!!