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Reappointment of Managing Director

24 August 2010

A COMPANY HAS RE-APPOINTED AN EXISTING MANAGING DIRECTOR OF THE COMPANY FOR 5 YEARS WITH PAYMENT OF FIXED REMUNERATION & OTHER BENEFIT THROUGH BOARD MEETING & APPROVAL OF SHAREHOLDERS AND COMPANY NEED TO COMPLY WITH ROC WITH NECESSARY FILLING. NOW WHAT FORM COMPANY HAVE TO FILED WITH ROC, FORM 25C OR 25A.

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5 Replies

Ajay Mishra (Company Secretary) (74342 Points)
Replied 25 August 2010

Dear Friend

If you re-appointed your MD through Board read with Schedule XIII without CG approval you must follow the following procedure;

File Form 23 within 30 days of appointment with ROC.
Fill SRN of Form 23 in Form 25C. There is no need to file Form 25A.
File 25C within 90 days from the date of appointment.

Regards

CS Ajay Mishra

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Jagruti (CS) (Service) (1953 Points)
Replied 26 August 2010

Also Form 32 needs to be filed within 30 days from the date of reappointment.

HARDIK (COMPANY SECRETARY NCFM (Corporate Governance )) (664 Points)
Replied 26 August 2010

form 23 for appointment of md since its special resolution

form 25c change in terms and condition of appointment of md e.g remuneration

form 32 appointment of MD

Above forms required to be file with ROC.

Ajay Mishra (Company Secretary) (74342 Points)
Replied 26 August 2010

Dear Friends

In case of re-appointment, no need to file Form-32, because when you file Form 25A or 25C the MCA automatically collect the data. Form-32 requires only for appointment, cessation and change in position of a person or director. In case of re-appointment there is no need to file Form-32.

Regards

CS Ajay Mishra