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regarding filing return for appointment of Managin Director

This query is : Resolved 

30 October 2009 as per section 269 of the companies act 1956, a return in form 25c is to be filed with the registrar within 90 days of such appointment.
my question is whether duration of 90 days is to be calculated from the date of appointment or from the date of board resolution and what is the penalty for late filing?

30 October 2009 Hi,

As per my suggestion file your form 25C with in 90 days of passing board resolution.

As per DCA clarification passing of board resolution for appointment of managerial personnel subject to the approval of shareholder doesn’t mean that appointment will take effect from the date of share holder approval.

Views of other experts solicited.

Regards

30 October 2009 thank you sir for quick response.

30 October 2009 sir but say if the board meeting is held on 1st october 2009 and the appointment was made on 1st july 2009, so in this situation what will be the case.

30 October 2009 No it is simply not posible. You can not appoint him retrospectively. Appointment date will be 1.10.2009.


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