20 February 2012
Many Companies appoint their senior employees as Director-HR, Director-Finance, Director - Purchase etc without filling Form 32 i.e without being member of the Baord.
Whether such appointment allowed under Companies Act 1956 ? Further what shoud be legal position of such director?
The Company Act, 1956 generally says the the following person, if appointed in the company then intimation of such appointment will be filed with ROC within 30 days of such appointment: 1. Managing Director 2. Director 3. Manager 4.Company Secretary 5.WTD
If the company management appoint any person like Director-HR, Director Finance etc. then, Companies Act does not says anything about filing of Form-32 and no need to file. This is management choice designation.