Managing director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

19 September 2013 Dear Experts,

In a private company, have to make an appointment of a director as MD.

The articles are silent about the same.

Since its a purely private company section 296 is not applicable. so how to go with the appointment of MD.

Thanku.

Ajay Mishra

Ajay Mishra (Expert)
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19 September 2013 You call a Board Meeting and appoint the MD for appointment of auditor. The appointment of managing or whole-time director or manager is not mandatory in the case of independent private companies. However, an independent private company can appoint them in accordance with the provisions contained in the Articles of Association.

If Articles of the concerned independent private company do not provide for such office then the Articles will have to be first altered by following the procedure laid down u/s 31 of the Companies Act, 1956.

The following two forms is mandatory filed with ROC:

1. Form-32, with in 30 days and
2. Form-23 as per section 192.

Filing of Form-25C is optional.

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