Ours is a pvt Ltd Ltd. The Baord passed a resolution for re-designation of executive chairman as Chairman and Executive Director as Vice- Chairman also their remuenaration has been revised in the same resolution. Also our Articles says to approve remuneration by members also. So we held EGM also. What will be Roc comliances for the same? Do we will have to file form 32 for redesignation and also form 23 for revised remuneration?
2 Replies
SANTOSH SHAH
(Company Secretary)
(754 Points)
Replied 10 March 2011
| Originally posted by : Sadhana | ||
 |
Ours is a pvt Ltd Ltd. The Baord passed a resolution for re-designation of executive chairman as Chairman and Executive Director as Vice- Chairman also their remuenaration has been revised in the same resolution. Also our Articles says to approve remuneration by members also. So we held EGM also. What will be Roc comliances for the same? Do we will have to file form 32 for redesignation and also form 23 for revised remuneration? |
 |
Hello Sadhana
In my opinion, Only Form 23 needs to be filed with ROC for revised remuneration with relevant attachments.
Form 32 is not required bcoz , u must have already filed Form 32 with ROC by selecting option Chairman
and Executive Director. There is no option in Form 32 for Vice Chairman. So only Form 23 filing should do.
Experts Opinion solicited.
regards
Santosh Shah
Alok D. Mishra
(Company Secretary Manager -Legal)
(93 Points)
Replied 29 March 2011
Dear Sadhana
this is infact a different situation. In my opinion you need not file form 32 only form23 will suffice as rigthly said by Santosh. I further think that being a PVt company your form wont get throught itself of which i am not sure, becuase being it a Listed company it would have been necessary as per clause 49 to appoint executive and all stuff of which you are aware.
We file form 32 for regularisation of additional director as director but your case is not in this purview and infact both the persons whose designations have been changed are already the directors
expert opinion is most welcome
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