Form 32 filing -Appointment as Add Director and then as MD in the same meeting

[Astarag]

Dear all

in case a person is appointed  as an additional director  and then as managing director in the same meeting by two separate resolutions

 can we file it in one Form 32 for both the appointments

if not please tell me the procedure for filing

 

--
with regards,

Cs. P.A. Patnaik

[kameswara Rao Kappagantula]

first appoint him as AD file Form 32. in the second resolution for
appointing him as AD file Form 25C within 90 days of appointment and
once the shareholders ratified his appointment as MD in the EGM then
file Form 23.

Please note that in the same EGM/AGM wghere u placed the appointment
as MD for Members approval also pass a Resolution for regularisation
of AD and file Form 32.

The above procedure is for Public Company.

In case of Private Company file Form 32 and select approprate
designation in the form.

Thanks & Regards

CS. K.Kamesh

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[shilpa jain]

I agree with Mr. Kamesh

--
With Best Regards,

CS Shilpa Sogani
B.COM(HONS.), M.COM, ACS, LLB(P)


       

[Astarag]

he is appointed in the board meeting as add director then as md in the same BM

can we file one form 32 for both the appointments

[pavani akilla]

Dear Astrag,

u need to file form 32 (with designation as M.D ) and form 23 (u/s 192(4)(c))

If it is public co - u need to file form 25C with in 90 days from appointment

other view are solicited

Pavani

--
CS Pavani
Company Secretary
Surana Telecom & Power Ltd

[shailesh goyal]

Yes. . it is very much possible to appoint him as additional director and managing director by two separate resolution in same Board meeting.
 
Well as per my opinion, below should be the steps of filing forms in case of PUBLIC LIMITED COMPANIES:-

1. Form 32 for appointing him as additional director within 30 days of appointment.
2. File another form 32 for change in designation as Managing Director within 30 days (after approval of form 32 as additional director)
3. File form 23 u/s 192(4)(c) with 30 days of Board meeting.
4. File form 25C within 90 days of Board Meeting.

Now when shareholders ratifies his appointment as Managing Director in AGM or EGM, before that there involves his regularization of director also u/s 257 as he was appointed as additional director. In this case following forms should be filed:-

1. Form 32 for his appointment as regular director within 30 days of AGM (designation DIRECTOR)
2. Form 32 for his appointment as MANAGING DIRECTOR within 30 days of AGM after approval of form 32 as director (designation MANAGING DIRECTOR)

Always remember filing of few extra forms costs you very less but never play with the law....

Regards
CS Shailesh Goyal

[Astarag]

hi Shaileas
i think after regularisation at agm as director its not required to
file form 32 for regular director as in mca portal his designation
wil already be appearing as md however filing of form 23 regarding md
appointment ll be required n be enough compliance. again if we pass
the board resolution for md appointment with out requiring members
approval for the appoimtment then no resolution for md appointment
would required to be passed at agm hence no form 23 would required
to b filed after agm

On 5/15/11, shailesh goyal <shail...@yahoo.com> wrote:
> Yes. . it is very much possible to appoint him as additional director and
> managing director by two separate resolution in same Board meeting.
>
> Well as per my opinion, below should be the steps of filing forms in case of

> * PUBLIC LIMITED COMPANIES*:-

>
> 1. Form 32 for appointing him as additional director within 30 days of
> appointment.

> 2. File another form 32 for change in designation as *Managing
> Director*within 30 days (after approval of form 32 as additional

> director)
> 3. File form 23 u/s 192(4)(c) with 30 days of Board meeting.
> 4. File form 25C within 90 days of Board Meeting.
>
> Now when shareholders ratifies his appointment as Managing Director in AGM
> or EGM, before that there involves his regularization of director also u/s
> 257 as he was appointed as additional director. In this case following forms
> should be filed:-
>
> 1. Form 32 for his appointment as regular director within 30 days of

> AGM *(designation
> DIRECTOR)*
> 2. Form 32 for his appointment as *MANAGING DIRECTOR* within 30 days of AGM
> after approval of form 32 as director *(designation MANAGING DIRECTOR)*

[shailesh goyal]

Dear Astarag

Kindly note form 32 is required to be file for every change in designation of director hence when at the coming agm he vacates office as additional director, office of Managing director itself get vacated.

In this case we re-appoint him as u/s 257 as regular director so filing of form 32 is required to be filed for change in designation as MD and in next resolution when we appoint him as MD then another form 32 is needed to be filed for change in designation as MD.

Hope now it is clear to you.

Regards
CS Shailesh Goyal