Appointment of managing director

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CS Eesha Bhardwaj (Querist)
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01 September 2012 query for Unlisted Public limited company having paid up capital 4 crore.

Mr. Singh was appinted as director at the time of incorporation (DOI 11.10.2006) but DIN 3 has been filed wronly on 19.07.2007 showing his designation MD in place of director and Mr. Sign is signing all documents like B/S etc. as MD but no compliance has been done for the appointment of MD till date.

Please guide me....what can we do in this case???

Ajay Mishra

Ajay Mishra (Expert)
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01 September 2012 Hi

I will suggest you to appoint him as MD as on date and file Form-25C and Form-23 as a good corporate practice with additional fee.

There is no penalty of filing of Form-25C.

CS Eesha Bhardwaj

CS Eesha Bhardwaj (Querist)
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01 September 2012 Respected Sir,

actually in that case appointment is not as per sech. XIII of the co's Act.

Ajay Mishra

Ajay Mishra (Expert)
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01 September 2012 Hi

Then, You have taken approval from CG for MD appointment.

CS Eesha Bhardwaj

CS Eesha Bhardwaj (Querist)
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03 September 2012 Dear Sir,

actually that is case of 2006.....what r the consequens if we apply for CG approval.

and same procedure is to be follow in case of reappointment of MD like approval of CG