WTD

730 views 11 replies

Dear Members,

I need your expert views on the following issues:-

 

In our one private limited company a person is appointed as whole-time director and drawing remuneration from it. That person is being appointed as WTD in another company which is Public Limited Company. 

1. As per provisions of Companies Act, WTD can be appointed in more than one company?

2. Section 269 applicable on public limited and subsi of public company which is a private limited company, but in our case the private company is independent from another public company whether this limit for 2 directors will be applicable or not? Whether limit

3. Whether MD can be appointed in more than one company. If one company is private limited company and another is pub ltd company than what would be applicability of section 269.

 

Please your expert views and further query will be appreciated in this regard.

Regards

Harvinder

Replies (11)

A whole time director is in whole time employment of the Company. So a person cant devote his whole time in two companies simultaneously.

1. A director cant act as WTD in more than one Company. (even if co is pvt co a director cant be appointed as WTD in 2 co)

 

2. A person can act as act as MD/manager in two Companies. (Refer sec 316 and 386)

Dear Ms. Sneha,

Thanks a lot for your prompt reply. Could I further know the provisions under which wtd can not be appointed more than one company including pvt. ltd company?

Look forward to your reply,

 

Dear Ms. Sneha,

I want to mention one more query for you. If a relative of director is appointed as director without remuneration, then section 314 applicable or not? Does it attract place of profit???

And then, the director, whose is relative of existing director, is given status of WTD with remuneration, what would be applicability of section 314?

Please reply, if possible....

For your first query , go through the following link

/forum/whole-time-director-247984.asp

Dear Ms. Sneha,

Thanx for link for first query.....

For your second query.

No, Section 314 will not be applicable.

 

Go through the link for details

/experts/section-314-1162904.asp

Dear Harvinder,

As per explanation given under section 269 a whole time director is a person who is in whole time employment of the Company. So Logically if you think that a person who is already in whole time employment somewhere then how can he hold office of WTD in other company. However Companies Act does not prohibit the same but the explanation given under section 269 is itself self explanatory in this regard.

Dear Members,

Thanks for your views on the question sought.

I have another query in this regard.

1. Whether more than one MD can be appointed in a company?

2. If there are more than one Deputy/assitant/joint MDs are appointed in a Company, whether sec 269 will applicable or not? and what would be there status?

 

Please comment.....

1. Yes a company can appoint more than one MD.

2.  In ur second query section 269 will be applicable.

Thanks Sarvesh...


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