Appointment of md

Both the MD may continue as MD.

There is no problem under CA 2013

sir,

re-appointment of MD can be made after 5 years of completion.

so in this case re-appointment provisions are applicable from 2010-11 (i.e. from incorporation) OR from commencement of the companies act, 2013?

if these provisions are applicable from 2010-11 then 5 years are already completed in 2014-15. so now what to do with this case?

IT depends on the terms of appointment..... reappointment to be made according to his terms of appointemnt there is nothing to do with INcorporation or CA 2013.

SIR,

as per section 317(4) and 388 of companies act 1956 Private limited Company can appoint a person as its MD for a period of more than 5 years.

now under companies act 2013 this exemption to Private companies is wirthdrawn so now i have to re-appoint the MD after 5 years of appointment & the appointment of MD is done under companies act 1956.  so my question is from which year the re-appointment provisions are applicable?

thank you.

Earlier, the provisions of section 269 were not applicable to Private Limited Companies and the Appointment of MD was done in the earlier Act and i suppose no term was should be fixed for the appointemnt at that time.

it is clearly given in section 197(2) No Company shall APPOINT OR REAPPOINT any person as its Manging Director, Whole Time Director or Manager for a term exceeding five years at a time.

In that case, in my opinion, you need to do nothing to change the appointment as per new act. IN caseof any change (appointment or reappointment) you need to comply the provisions of the New Act. Other wise he may continue as MD as per his terms of appointment.

It is my opinion, Contrary views are welcome.

THANK YOU SIR FOR THE GUIDANCE.