Chairman in a pvt. co.

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P.C. Joshi (Querist)
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08 January 2013 Dear Friends,

I need a considered advise on the following matter.

A Pvt. Ltd. co. has three directors. One of the promoter is Chairman of all the meetings and overall authority for conducting of affairs of the Company.However, on MCA site his designation is mentioned a Director. He signs all the dosuments,papers by the designation of Chairman.Last time a PCS has objected to his signing the docs as a Chairman. As per his view, the Chairman should sign the docs as a director and not the chairman. Elese, his designation should be changed and a fresh form 32 should be filed in mCA.
What should the Company do. I agree with the view of PCS technically he is correct. But I am not sure whether change in designation as chairman will be proper. Please advise.

Thanks & Regards

P.C. Joshi

Ajay Mishra

Ajay Mishra (Expert)
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08 January 2013 Hi

As per my understanding , I agree with PCS that the chairman is a additional post of director and such additional post not require to be send in Form-32 with ROC as per section 303(2) of the Companies Act, 1956.

The Chairman is not covered under section 303 and no need to file Form-32 regarding change in position as chairman.

P.C. Joshi

P.C. Joshi (Querist)
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08 January 2013 Then how the Chairman's designation will be updated on MCA record specially when form 32 has one of the designation shown as Chairman.

Can the said chairman whose status on MCA showing as a director use a designation of Chairman if a BR is passed appointing him Director.

Thanks.

P.C. Joshi

P.C. Joshi (Querist)
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