CHANGE IN DESIGNATION TO NON - EXECUTIVE

[DILIP DARJI]

Do we have to file Form 32 for change of director from Executive to Non executive

And if yes what field i have to select in Form 32

Thanks

--
With warm regards,

CS. Dilip Darji
M.Com, A.C.S.

Cell: +91 92242 42919
Mumbai

[anandteerth hipparagi]

Dear Dilip,

 

We have file form 32 for change in designation of Director from executive to non-executive.

 

Designation: Director

 

Catagory: Professional

 

Non Executive Director.

 

 

Correct me if i m wrong.

 

Regards,

 

Anandteerth

[Sachidananda Bhat]

Dear Members,

 

We have to file Form 32 only for the appointment and changes in designation of Director only in following cases  

 

Director

Managing Director

Alternative Director  

Additional Director

Director appointed in Casual Vacancy

Nominee Director

Whole Time Director

 

I don't think Change of director from Executive to Non-executive is change in designation.

 

Sachidananda

[anandteerth hipparagi]

Dear Sachidananda,

 

We are filing the form 32 for change in the Designation when a director is changed from Executive Director to Non Executive Director.

 

In the same way, for the reverse action in my opinion we need to file Form 32.

 

Regards,

 

Anandteerth 

 

[anandteerth hipparagi]

---------- Forwarded message ----------
From: anandteerth hipparagi <anand...@gmail.com>
Date: Jul 29, 2009 12:07 PM
Subject: Re: [CSMysore] Re: CHANGE IN DESIGNATION TO NON - EXECUTIVE
To: csmy...@googlegroups.com

Dear Sachidananda,

 

Kindly ignore the previous mail

 

We are filing the form 32 for change in the Designation when a director is changed from Non - Executive Director to Executive Director.

[DILIP DARJI]

Thanks members for your opinion

So what is the legally correct that we have to follow.

Getting difference of opinion

[Priti Astarag Patnaik]

Please file Form 32 as the nature of appointment is changing.

--
with regards,

Mr. Priti Astarag Patnaik

[bhavani prasad]

We need to file F 32 as our Co has done the same in one of the previous cases.

--
CS Bhavani Prasad C N
Company Secretary & Compliance officer
Neha International Ltd
501,Manbhum Jade Towers
Rajbhavan Road
Somajiguda
Hyderabad 500 082
Tel:+91  040 65 87 77 35
Fax:+91 040 66 13 64 35
Website:www.nehainternational.com
Mail: bhavan...@nehainternational.com

[chinmay mahesh]

Company's Act doesnot talk about Executive & NonExecutive Directors at
all. Therefore only Change in designation from Executive to Non
Executive director will not demand filing of Form 32 as there is no
change at all in terms of Company's Act provisions.

--
Chinmaya.

[Rajesh Warrier]

 

Dear Members,

 

My understanding is that an Executive Director is basically a Working Director of the Company (Whole Time Director/Managing Director) i.e one who holds executive position and non-executive director is a non-working director.

 

So when somebody says that a person has become a non executive director from the position of an executive directors, actually he might have resigned from the position of a whole time director and continues to be a non working director in the Board. In such a case, you have to file form 32 as the position of director changes from Whole Time Director to Director....

On Wed, Jul 29, 2009 at 12:20 PM, Priti Astarag Patnaik <papa...@gmail.com> wrote:

--
Thanks
Regards
Rajesh A
Company Secretary
Kochi
Mob: 09846874314

[Sachidananda Bhat]

Dear Members

 

I will agree with the point mentioned by Mr. Priti Astarag Patnaik.

 

Sachidananda

 

[Sachidananda Bhat]

Members

 

Ignore the previous mail.

 

I will agree with the point mentioned by Mr.Rajesh Warrier

On Wed, Jul 29, 2009 at 12:25 PM, Rajesh Warrier <warri...@gmail.com> wrote:

[Sachidananda Bhat]

Dear Members,

 

As per my knowledge Form 32 is need not to be filed. If it is filed by the company it is just revenue to Govt. and loss to company.

 

For 32 for above mentioned subjet is not mandatory.

 

Thanks

[praveen pandey]

Dear Members,   in my opinion if form 32 filed for that director was for whole time director then there is a need to file form 32 for change in designation, and if that was not for whole time director there is no need to file Form 32. Company law is silent about the definition of whole time director, and department clarified many times that an executive director may be whole time or part time. Whole time director means an employee in wholetime employment who is director also and for which a board resolution passed in board meeting and his appointment was subject to approval of general meeting and accordingly ROC was informed that Mr. X is appointed as whole time director. CS P K Pandey Company Secretary Shri Gang Industries and Allied Products Limited Noida Mobile    9868496661  --- On Wed, 29/7/09, Sachidananda Bhat <bhat...@gmail.com> wrote:

From: Sachidananda Bhat <bhat...@gmail.com> Subject: [CSMysore] Re: CHANGE IN DESIGNATION TO NON - EXECUTIVE To: csmy...@googlegroups.com

See the Web's breaking stories, chosen by people like you. Check out Yahoo! Buzz.

[Rajesh Warrier]

Dear Dilip,

 

Please check the original form 32 and see what is the designation given in the same......if it says Director, you need not File Form 32..... but mentioned in the earlier mail....normally a person becomes a non executive director when he resigns from the position of the a working director and thus there will be a change in his role from that of an executive to a non executive.....

 

So the ultimate point is whether there is a change in the designation of the director from whole time to normal director....if there is a change ....you have to file form 32 otherwise no need .......

[Navin]

Dear friends,

E-Form 32 is to be filed with ROC under two broad circumstances:

1. For registering the consent obtained from the person to act as
Director. This is applicable only to Public Cos and subsidiaries of
Public Cos [u/s 266 and 264.]
2. Any changes in the particulars specified in the Register of
Directors etc... maintained pursuant to Section 303 (applicable to
both Private and Public).

Further more, the 303(2) says "any change". So, in my opinion, the
change in the present circumstances is a change that is to be recorded
in the register u/s 303 and hence, E-Form 32 is to be filed.

Regards,

NaveenChandra Prakash


On Jul 29, 11:37 am, anandteerth hipparagi <anandtee...@gmail.com>
wrote:

> Dear Sachidananda,
>
> We are filing the form 32 for change in the Designation when a director is
> changed from Executive Director to Non Executive Director.
>
> In the same way, for the reverse action in my opinion we need to file Form
> 32.
>
> Regards,
>
> Anandteerth
>

> On 7/29/09, Sachidananda Bhat <bhatsa...@gmail.com> wrote:
>
>
>
> > Dear Members,
>
> > We have to file Form 32 only for the appointment and changes in
> > designation of Director only in following cases
>
> > Director
>
> > Managing Director
>
> > Alternative Director
>
> > Additional Director
>
> > Director appointed in Casual Vacancy
>
> > Nominee Director
> > Whole Time Director
>
> > I don't think Change of director from Executive to Non-executive is change
> > in designation.
>
> > Sachidananda
>