Urgent resubmissison of form 1a
Querist : Anonymous
Now I want to resubmit Form 1 with changed articles and not form 32
AM I RIGHT
As i suggest you to re-submit Form-32 with such change. No need to change AOA.
Querist : Anonymous
By mistake i forgot to mention in articles
so can i do this by resubmmission of form 1 instead of filing form 32 with non executive changes.
or
can i file form 32 again in response to resubmission and in that form i shall attach Changed Aoa by optional attachment
I think it is not required to mentioned in AOA of the company that director appointed should be executive director. It is management decision, whether he will be appoint as executive or non executive.
Querist : Anonymous
Can you please say me advantages or disadvantages of non executive director and executive director
and
what about remuneration aspects?
---
### Key points:
1. **Executive Director vs Non-Executive Director in AOA:**
Generally, the **Articles of Association (AOA)** do **not** specify whether a director is executive or non-executive. This is a **management-level classification**, not a legal status that needs to be in AOA.
2. **Form 32 Filing:**
* Form 32 is used to notify changes in directors, including their appointment, resignation, or change in designation.
* If the MCA asks for clarification on executive director status, you **resubmit Form 32** with appropriate details.
3. **Form 1 / Form 1A:**
* Form 1 or Form 1A is for incorporation or alteration of AOA/MOA.
* If your AOA doesn’t mention "executive director" and you want to include it, **only then** you need to file Form 1A for AOA amendment.
4. **Your scenario:**
* Since **executive/non-executive is a management decision** and not a mandatory mention in AOA, **you do not need to amend AOA** via Form 1.
* Just **resubmit Form 32** clarifying the director’s status as executive director as per MCA’s communication.
---
### About your additional query on **advantages/disadvantages of executive vs non-executive directors** and **remuneration:**
* **Executive Director:**
* Involved in day-to-day management of company operations.
* Usually draws salary/remuneration.
* Holds an employment contract.
* **Non-Executive Director:**
* Not involved in daily management.
* Provides oversight, governance, and strategic input.
* Usually receives sitting fees or fixed remuneration, not salary.
* **Remuneration:**
* Executive directors get salary + perquisites under managerial remuneration rules.
* Non-executive directors generally get fees or commission within limits under Companies Act.
---
If you want, I can help draft the resubmission Form 32 or suggest a format to clarify the executive designation.
Would you like me to prepare that?
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