Appointment of MD - urgent !

Hello members

Please confirm me on this.

1. Can an NRI ( non resident ) be appointed as MD of a pvt ltd co. if not , what if he satisfies to be resident by being present for 182 days?

2. For the appointment of MD in a public co , he needs be a resident and the explanation provides for being resident he needs be in India for previous 12 months continously.

Now if an NRI , non resident , is appointed as MD of a pvt co , whose articles are satisfied on this, and that pvt co gets converted into public , would the appointment of MD gets void.

would the MD be required to vacate the office of MD after conversion.

regards

neeta

Replies (1)
Originally posted by : Neeta
Hello members
Please confirm me on this.
1. Can an NRI ( non resident ) be appointed as MD of a pvt ltd co. if not , what if he satisfies to be resident by being present for 182 days?
2. For the appointment of MD in a public co , he needs be a resident and the explanation provides for being resident he needs be in India for previous 12 months continously.
Now if an NRI , non resident , is appointed as MD of a pvt co , whose articles are satisfied on this, and that pvt co gets converted into public , would the appointment of MD gets void.
would the MD be required to vacate the office of MD after conversion.
regards
neeta

 

Neeta,

 

1. No Doubt, a pvt company can appoint NRI as MD. coz sec 269 is not applicable to pvt company. and also the compliances required under Sch XII is not reqd to a pvt ltd.

 

2. As soon as the conversion from pvt ltd to public company gets effective, the company vll hv to follow sec269 & sch XII. so MD vll be disqualified & must vacate his office. and for new appointment of MD, the company vll hv to comply wid Sec269 & also Sch XIII if applicable.

 

3. wenever conversion is made, aoa of company is altered including the point of appointment of MD.

 

Adarsh

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
16 October 2026
CA article trainee

Zerdi & Co. Chartered Accountants

Pune

CA Inter

View Details
Company
19 October 2026
Accountant

Jari Saree Center

New Delhi

Others

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
10 November 2026
Direct Tax Manager

CAAQ CONSULTANCY PVT LTD

New Delhi

CA Final

View Details
Company
Featured 07 November 2026
Chartered Accountant

DPV & Associates

Chennai

CA

View Details
Company
ARTICLESHIP 25 October 2026
Article Intern (CA Articleship)

Arpan Bohra & Co

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 23 October 2026
Articled Trainee

J Y & CO

Hyderabad

CA Inter

View Details
Company
ARTICLESHIP 29 October 2026
Article Assistant (CA Inter / CMA Inter) - Thrissur

Varma Raja & Associates

Thrissur

CA Inter

View Details