Form 25C

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G. Sushant

G. Sushant (Querist)

29 June 2010 Sir,

It mean Form 25C to be file in case of Chairman assuming that he is WTD of the Company?

Ankur Garg

Ankur Garg (Expert)

29 June 2010 Hi,

Do not confuse yourself between chairman and WTD...ROC form 25C for MD and WTD.

You have to file it bcoz there is a change in remuneration terms of WTD.

Thanks

Message likes : 1 times

G. Sushant

G. Sushant (Querist)

29 June 2010 I am still confuse I am explaining detail fact below:

Director appointed on 02-05-08 (BM)& elected as Chairman on 14-07-08 (BM)on such a terms & conditions of remuneration.

Now on 09-04-10 (BM) & on 05-05-10 (AGM) it was resolved to revise the terms of remuneration payable to Chairman.

In the Remuneration Agreement pls. note in brief following points:

1)Revision in remuneration w.e.f.05-05-10
2)He shall perform such duties assigned by BOD & as per MOA & AOA of the Co.
3)The appointment notwithstanding the 5 yrs. w.e.f 14-07-08.

I have the following queries while filing Form 25C:

1)While filing F 25C, the designation would be WTD or not? (Point No 4 of the Form)
2)What will the effective date of appointment (Point No 5 & 6 of the Form)
3)Will the tenure of appointment for 5 yrs w.e.f. 14-07-08 or 05-05-10.(Point No 7(e)of the Form)

I request you to pls. also go through the Form 25C.

Expert kindly revert pls.

Thanks!

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

25 July 2024 Form 25C pertains to the filing requirements when appointing or re-appointing a person as a Whole-Time Director (WTD) or a Manager of a company. Based on the information provided:

1. **Designation in Form 25C:**
- The designation to be mentioned in Form 25C would depend on the specific role assumed by the Chairman. If the Chairman is also acting as a Whole-Time Director (WTD) as per the terms and conditions of remuneration, then you would select "WTD" in Point No. 4 of the Form.

2. **Effective Date of Appointment:**
- For the effective date of appointment (Points 5 and 6 of Form 25C), you should consider the following:
- The Chairman was appointed on 14-07-08 through a Board Meeting (BM).
- The terms of remuneration were revised on 05-05-10 through another Board Meeting and subsequent Annual General Meeting (AGM).
- Typically, you would mention the date of the latest resolution or agreement that formally revised the terms of remuneration. In this case, it would be 05-05-10.

3. **Tenure of Appointment:**
- According to Point No. 7(e) of Form 25C, you need to specify the tenure of appointment. Given the information provided:
- The Chairman was initially appointed on 14-07-08 for a tenure of 5 years.
- The terms of remuneration were revised on 05-05-10.
- The tenure of appointment would typically refer to the original appointment date, unless explicitly modified by subsequent resolutions or agreements. Therefore, in this case, you would mention the tenure as 5 years from 14-07-08.

### Conclusion:
When filing Form 25C for the Chairman who is also a Whole-Time Director, you should:
- Select "WTD" in Point No. 4 of the Form.
- Mention the effective date of appointment as per the latest resolution or agreement, which would be 05-05-10 in this case.
- Specify the tenure of appointment as 5 years from 14-07-08, unless there are specific provisions in subsequent resolutions or agreements altering this tenure.

Ensure that all details are accurately filled out in Form 25C, as per the specific requirements and resolutions passed by the Board and AGM of the company.

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