04 August 2012
a small pvt.ltd. company (not a subsidiary of any public co) wishes ot appoint a manager. will form 32 go or only general resolution or board resolution will suffice? bank is insisting on form 32 (i think bank seems misguided, form 32 is only for director appointment right?)
06 August 2012
According to me the manager term mentioned in form 32 is applicable only to the producer companies and not to private Ltd co. when I try to fill Form 32, the option Designation is not showing Manager in it.
Appointment of manager in a public company or a private company which is a subsidiary of a public company having a paid up share capital of Rs. 5 crores or more is governed by section 269 of the Act. E-form prescribed in that section is 25C. Such companies need not file form 32 again as per section 303(2) because in both cases object is to intimate the ROC about the appointment of manager. Your case is that of a private co which is not a sub. of a public co therefore excluded from section 269. then E-form 25C is ruled out. Now form 32 is filed pursuant to section 303(2) which provides that any change in the register of manager, secretary and directors etc. should be intimated to the ROC within 30 days of such change. E-form prescribed is Form 32 only. Therefore,r it appears that e-form 25C is to be filed for appointment of manager in case it is covered by section 269 and if it is not covered by that section, e-form 32 is to be filed in other cases as per section 303(2). Hope it will suffice.
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