Appointment of Managing Director

This query is : Resolved 

17 November 2010 Dear Members,

could any body guide me on the following issue:

a) Mr.A is whole time employee(Not Director) of XYZ Pvt Ltd company and also getting salary from this company .

b) ABC Pvt Ltd(Which is subsidiary of a Public company) wants to appoint Mr.A as Managing Director of the ABC Pvt Ltd.

Is there any violation of companies Act, 1956 ?

As per my concern companies Act, 1956 no where restrict for appointment.

If i m wrong please guide me

CS Amarendra

9505507591


17 November 2010 According to me there is no problem at all in the appointment of Mr. A as MD of ABC Ltd.

Plz note section 269 is applicable to ABC Ltd bocz it is subsi of a public company.

His association as whole time employee with XYZ Ltd does not make any difference as long as he is capable of discharging his duties as MD of ABC Ltd.


Regards

18 November 2010 Hi....

Agreed with Ankur Sir but have a point to make here!

Mr.A first has to be appointed as a Director of ABC Pvt. Ltd. and then only he can be appointed as the Managing Director of the same company! Kindly go thorugh the section 2(26) of the Companies Act, 1956 which defines the term and it provides that a Managing Director means a Director..........

Hence, Mr. A should be first appointed as a Director of ABC Pvt. Ltd. and then can be appointed as Managing Director!

This is my opinion and views of other experts are welcome:-0

Best Regards

Udit Sharma

18 November 2010 Thanks to Mr.Ankur Sir and Mr.Udit sir for reply

Thanking You

Amarendra


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro

Follow us
add to google news


Answer Query



Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
Featured 15 June 2026
Senior Auditor

N. Dhawan & Co

New Delhi

CA Inter

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
22 June 2026
Accountant

Global Image Technologies Private Limited

New Delhi

MBA

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details
Company
24 June 2026
Chartered Accountant - GST & Direct Tax

APL

Mumbai

CA

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
Featured 24 June 2026
HEAD - AUDIT AND TAXATION

A R JADHAV AND ASSOCIATES

Mumbai

CA Inter

View Details