Filing form

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

05 November 2012 We want to file

Form 23 (Registration of Resolution) and
Form 25C(Appointment of MD) and
Form 32(Change in designation of Directors)

w.e.f. 01/07/2012

as on 05/11/2012

Kindly tell about the penalties that are applicable in such case.

We are a pvt ltd. co. which is not a subsidary of any public ltd. co.

Ajay Mishra

Ajay Mishra (Expert)
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05 November 2012 Hi

The provisions of section 269 relating to appointment of MD/WTD/Manager is not applicable to private company so you are free to file any such forms.

You only file Form-23, Form-25C and Form-32 with additional fee. No penalties will be apply to your private limited company. It is totally govern by your company articles.

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Querist : Anonymous

Querist : Anonymous (Querist)

06 November 2012 Sir

Another issue I have is that, for appintment of one director as an MD and anothr director as a whole time director,

Do we have to file form 25C twice? This is because form 25C can be filed for one person at a time.

The co. is a pvt. ltd. co. not a subsy of a public ltd. co.

Please enlighten

CS Ankur Srivastava

CS Ankur Srivastava (Expert)
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08 November 2012 In case of private company the provisions of section 269 are not applicable.

You not need to comply with the section 269 and accordingly, form 25C is not need to be filed.

CS Ankur Srivastava

CS Ankur Srivastava (Expert)
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08 November 2012 Form 25C is return of appointment and not for appointment of Md. It is filed in case of appointment of any WTD/MD.

CS Ankur Srivastava

CS Ankur Srivastava (Expert)
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08 November 2012 Yes for each WTD you need to file form 25C. HOwever, yours is a private company you not need to file form 25C

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Querist : Anonymous

Querist : Anonymous (Querist)

08 November 2012 Sir so the conclusion falls is as follows :-

For appointment of WTD only in case of pvt. ltd. co.

Form 23
Form 32

For appointment of WTD & MD in case of pvt. ltd. co.

Form 23
Form 32

Please authenticate and clear all doubts once and for all.

Ajay Mishra

Ajay Mishra (Expert)
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08 November 2012 Hi

For appointment of MD in pvt. ltd., you can file :

Form-23
Form-32
Form-25C

I will suggest you to file above forms as a good corporate practice.

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