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....
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
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 !!!
Nitin Grover
(CS)
(1228 Points)
Replied 07 July 2010
hi rakesh
in my views only Form No. 25C is required.
Regards
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