Appointment of whole time director in a pvt. ltd. company

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Sarabjeet Kaur (Querist)
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01 September 2011 Whether special resolution in a general meeting is required to appoint Whole- Time Director in a Private Limited Company

Tushar Desai

Tushar Desai (Expert)
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01 September 2011 Yes, you need to create a board resolution on your company letter-head. If you are willing, I can lend you my services. My mail-id is:

tus_84@yahoo.com

Sarabjeet Kaur

Sarabjeet Kaur (Querist)
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01 September 2011 Please tell me whether that board resolution has to be registered under section 192 or not as in the case of appointment of MD. Whether Form 23 has to be filed for that

CMA Ashutosh Kumar Gupta

CMA Ashutosh Kumar Gupta (Expert)
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01 September 2011 In case of a Private Limited Company which is not a subsidiary of Public Limited Company, Special Resolution is not required in the general meeting as well as no need for CG approval HENCE an ordinary resolution will serve the purpose in the instant case, in my opinion.

Sarabjeet Kaur

Sarabjeet Kaur (Querist)
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01 September 2011 Thanks for your reply Sir. Now, I want to know whether Form 23 needs to be filed for registering Board resolution under section 192 as in the case of appointment of MD

Saroja

Saroja (Expert)
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02 September 2011 yes, as per sec 192(c)- any resolution of the Board of directors of a company or agreement executed by a company, relating to the appointment, re-appointment or renewal of the appointment, or variation of the terms of appointment, of a managing director;

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Sarabjeet Kaur

Sarabjeet Kaur (Querist)
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02 September 2011 But sir I am talking about whole time director instead of Managing director.

CA SATBIR SINGH SAINI

CA SATBIR SINGH SAINI (Expert)
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02 September 2011 Yes Board resolution is required.

Saroja

Saroja (Expert)
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02 September 2011 private company na, provision mentioned in AoA, pls refer that provision,

my view board meeting is enough, no need to file Form 23 and file Form 32.

Sarabjeet Kaur

Sarabjeet Kaur (Querist)
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02 September 2011 YES PRIVATE COMPANY. THANKS A LOT SIR FOR REPLY

Saroja

Saroja (Expert)
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02 September 2011 To whom u want to thank me na, am not a sir, k ,

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