Filing of Form MR 1 in case of Re-appointment of Whole Time Director in Board Meeting

[CS Alpesh Dhandhlya]

Dear Experts,

If the the Whole Time Director is re-appointed in the Board Meeting, whether the Form MGT 14 is required to be filed with ROC  or only filing of resolution in Form MGT 14 in enough ?

Members are requested to comment please

[jayasri gn]

Hi,

MGT 14 and MR1 both are required to be filed.

Others please share your opinions.

Thanks

Jayasri

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[kanika sharma]

In my opinion ,No, As nothing has been specified in sec - 196 and in rule 3 to file Form - MR 1 every year. It shall be filed once only at the time of appointment . 

But as far as board resolution is concerned , Yes , Only Form - MGT 14 shall be filed for reappointment of KMP.

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Thanks & Regards

 

 CS Kanika 

 JJRSIPL

 Gurgaon

[CS Alpesh Dhandhlya]

Dear Experts,

I respect your opinions but in section 196, no where it is specified that the re-appointment of WTD is required to be filed with ROC.

It is written that Form MR -1 is required in case of appointment of KMP.

Hence, request you to please share practical experience..

[kanikan...@gmail.com]

Dear Experts,

Appointment include re-appointment also so both MGT-14 & MR-1 both need to file for re-appointment of WTD. 

[amrut parakh]

I agree with Jayshree.

required to file both form

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On Tue, 14/4/15, 'jayasri gn' via CSMysore <csmy...@googlegroups.com> wrote:

Subject: Re: [CSMysore] Filing of Form MR 1 in case of Re-appointment of Whole Time Director in Board Meeting
To: "csmy...@googlegroups.com" <csmy...@googlegroups.com>
Date: Tuesday, 14 April, 2015, 11:51

[CS Alpesh Dhandhlya]

Thanking you Dear Experts,

Whether it is required after Board Meeting or AGM or after both ?

On Monday, 13 April 2015 17:00:24 UTC+5:30, CS Alpesh Dhandhlya wrote:

[kanikan...@gmail.com]

MGT-14 is required to file within 30 days of Board Meeting & MR-1 is required to file within 60 days from date of appointment but as approval of shareholders are compulsory so plan your dates accordingly.

[Sudish Kumar Gupta]

Hi,

As per my opinion, in case of re-appointment of Whole Time Director in the Board Meeting, Form MR-1 & MGT-14 required for filing with the concerned RoC.

Period of filing of resolution in MGT-14  is with in 30 days from passing of resolution & MR1 should be filed with in 60 days from appointment with the concerned RoC.

[CS Alpesh Dhandhlya]

Dear Experts,

Whether it requires after Board and AGM both ?

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[Sudish Kumar Gupta]

Dear Sir,

It requires after Board Meeting only. 

Section 203 (2) Every whole-time key managerial personnel of a Company shall be appointed by means of a resolution of the Board containing the terms and conditions of the appointment including the remuneration. 

Section 2 (51) Key managerial personnel includes whole-time director.

With Best Regards...
Sudish Kumar Gupta

Advocate

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