Mgt-14 for re-appointment of wtd's

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This query is : Resolved

NEHA MISHRA (Querist)

01 January 2015 Dear Members,
Pls guide whether MGT-14 for Board Resolution passed for re-appointment of WTD required to be file for the Unlisted Public Limited Co's in which KMP's U/s 203 not applicable.

If required under which section?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

02 January 2015 According to my view, In case of re appointment of WTD, the company has to file MGT 14 (section 179(3)(k) read with Rule 8(3) of Companies (Meetings of Board and its Powers) Rules, 2014

NEHA MISHRA

NEHA MISHRA (Querist)

02 January 2015 Dear Sir,
But Section 179(3) k directs to see the rules. An in Rule no. 8 nowhere it is mentioned as the PUC of the Co. is then Rs. 10.00 Crores and KMP's i think not apply on it. Pls guide on it.

CS Mitesh Mehta

CS Mitesh Mehta (Expert)

02 January 2015 Dear neha,

I was also having the same view. However as per ROC Views In case of appointment/re appointment of MD/WTD by a private company, the company has to file MGT 14. However no need to file MR 1 even though they are not KMP.

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