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Re appointment of managing director

amit kumar gattani (CS TRAINEE) (31 Points)

08 October 2012

Dear sir/madam,

I have done an re-appointment of managing director in an listed company. His re-appointment is effective from 30/05/2012 for a period of 5 years.we have file form 25C on 30/07/2012 .25c is filed within 90 days of borad meeting subject to approval of shareholders.However,Form 23 is filed after the agm which was held on 18/09/2012. form 23 is approved but in form 25c mca requires it to be resubmitted.now i want to know that whether we have done any non- compliance and what is rquired to be done.last date for resubmission is on 24-10-2012

plz guide.

Regards,

amit

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9 Replies

Aditya Soni (CS Final Student Trainee) (727 Points)
Replied 08 October 2012

Dear Amit,

There might be some mistakes from your end, I would suggest you to resubmit as soon as possible.

Regards,

Aditya

1 Like

amit kumar gattani (CS TRAINEE) (31 Points)
Replied 08 October 2012

Filing of form 23 after agm is proper compliance or not???

Aditya Soni (CS Final Student Trainee) (727 Points)
Replied 08 October 2012

If that resolution is passed in AGM then within 30 days of passing the resolution.

amit kumar gattani (CS TRAINEE) (31 Points)
Replied 08 October 2012

ok.thank u very much.

Smriti Dhawan (Company Secretary ) (347 Points)
Replied 08 October 2012

Form 23 is required to be filed within 30 days of passing the Board Resolution for appointment or re-appointment of MD. [see Secction 192(4)(c)].

Form 25C is required to be filed within 90 days of effective date of appointment/ reappointment.

Form 23 must have filed within 30 days from Board Meeting, you have not filed form 23 from date of Board Meeting which you must file with late fees.

There was no requirement for Filing Form 23 for reappointment in AGM if it was done through Ordinary Resolution. You have to file Form 23 with late fees and resubmit Form 25C.

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CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 09 October 2012

Originally posted by : amit kumar gattani
	Dear sir/madam, I have done an re-appointment of managing director in an listed company. His re-appointment is effective from 30/05/2012 for a period of 5 years.we have file form 25C on 30/07/2012 .25c is filed within 90 days of borad meeting subject to approval of shareholders.However,Form 23 is filed after the agm which was held on 18/09/2012. form 23 is approved but in form 25c mca requires it to be resubmitted.now i want to know that whether we have done any non- compliance and what is rquired to be done.last date for resubmission is on 24-10-2012 plz guide. Regards, amit

For re appointment you need to file e forms as under:

1. Form 25C withing 90 days of the date of appointment

2. Form 23 within 30 days from the date of Board Resolution.

Nothing is non compliance, just form 23 is filed delayed, please resubmit form as early as possible with the requried details.

1 Like

amit kumar gattani (CS TRAINEE) (31 Points)
Replied 09 October 2012

Thank u very much all the experts for your reply.one more doubt

i have filed form 23 after agm and the same is approved .....but in that form i have mentioned agm date and no late filing fees was levied. so should i need to file form 23 again??

as if i will resubmit form 25c mca will raise query .so should i need to file form 23 again with late fees

guide pls