Appointment of deputy md

Dear members,

Ours is a Pvt. Ltd. co. Thr r two Directors, one is MD n other is WTD.

Now WTD get promoted as "Deputy MD".

Is the appointment needs holding EGM and  passing a Special Resolution u/s 192(4)(c) of Companies Act. ?

Wat is to be filled in 'Designation' column of Form 32 ? Does "consent of Director" is required to be attached in this case or attaching a "board resolution" is enough?

Pls reply. Its a bit urgent.

Thnx in adv.

Replies (6)

Hi Shridhi

For a private company, board resolution is enough. Also, in designation column, select Managing Director. The ranks of deputy and assistant are internal matters of the company. Consent is required only for a public company as per the Act.

 

Regards,

Subbu

But sir,

if i select "MD" as designation then on MCA site, both director will b shown as MD.

I think a company cannot have two MD. I mean only two directors that both r MD.

Pls advise.

Hi Sridhi,

 

A Company can have more than one managing directors as per Department's Clarification F. No. 8/16/(1)/61-PR] . As such there is no statutory position like deputy MD so you can either appoint him as MD or let position unchanged. 

Thanks & Regards

Amit Mishra

BSamrish & Co.

New Delhi

Hi Shridhi

A Private Company can have more than one MD as long as they are not MD/Manager of not more than one public company. (Section 316)

Subbu will do. No need for sir. I am jus 23.

 

Regards,

Subbu

ok....

i think there is no need of EGM. BR with unanimous approval of the directors will solve the purpose.

Bt one of my frnds is saying that EGM should b held for the purpose. Wats to be done?

In sectoin 316, it is written that a person can not b MD in more than two companies, if one of the co. is pub. co. Does it mean that he can b directors in as many pvt. co. if he is not MD in any pub. co.

The procedure I am going to follow is:

  1. Hold a BM n pass the BR with unanimous consent of directors.
  2. File form 32 n 23 with in one month

Pls comment. Is that fine ?

Thanks Subbu n Amit for the help. Kindly reply.

Hi Shridhi,

Section 316 says that a person can be a MD for any number of Private companies. But if he is to be appointed as MD of a public company, he can be a MD of only one other company which may be private or public.


"The procedure I am going to follow is:

  1. Hold a BM n pass the BR with unanimous consent of directors.
  2. File form 32 n 23 with in one month

Pls comment. Is that fine ?"  - Absolutely..


Regards,

Subbu

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