APPOINTMENT OF MD

This query is : Resolved

manju (Querist)
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04 August 2010 Dear all,

any one can explain me the following?

What is the procedure to be adopted at the time of MD appointment in a private limited company?

Rasesh

Rasesh (Expert)
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04 August 2010 Section 269 is not applicable to a private limited company. Hence, the routine procedure followed by a public limited company i.e, appointment of the director as MD at a Board Meeting and subsequent confirmation at the AGM is not required.

The Private Limited company can appoint the person as MD directly at the Board Meeting and file all the necessary forms i.e, Form 32 for appointment or change in designation, Form 23 for agreement if any entered with the MD (strictly not required), Form 25C for appointment of MD.

Ankur Garg

Ankur Garg (Expert)
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04 August 2010 Agree with expert...

However as per my opinion form 25C is not required to be filed as this is section 269 requirement which is not applicable to a private company.

Form 32 u/s 303(2) and form 23 u/s 192 are mandatory to be filed with ROC.

You may appoint MD simply by passing a board resolution.

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