Change in desiganation of managing director

Companies Act 2013 703 views 4 replies

IN A PUBLIC COMPANY, THERE WAS A DIRECTOR. LATER ON THAT DIRECTOR WAS CONVERTED INTO MANAGING DIRECTOR. NOW THE TERM OF THAT MANAGING DIRECTOR OF 5 YEARS IS EXPIRED. NOW AFTER THE EXPIRY OF TENURE, WE WANT TO CONVERT THAT MANAGING DIRECTOR into DIRECTOR. THE QUESTION IS WHEATHER THE SAID MANAGING DIRECTOR IS STILL A DIRECTOR IN COMPANY EVEN AFTER EXPIRY OF TENURE OF 5 YEARS OR THERE IS A VACANCY ON BOARD BECAUSE OF EXPIRY OF TENURE. AND FOR THE CHANGE IN DESIGNATION OF THAT DIRECTOR, WHAT WILL BE THE COMPLIANCES SO AS TO SHOW HIM ONLY A DIRECTOR IN COMPANY 

Replies (4)

I think the vacancy will arise for MD and will still be a director of the Co. and his designation can be changed in the BM by filing DIR 12

@ rachana, yes he will be ceassed to exist as a MD of the company after the tenure completion and you can keep him as a ordinary director by filing DIR-12 for appointing him as a director. 

Dear Madam,

His position as a Director should not be challenged. However if Company wants to appoint that director then , please refer section 196 of Companies Act 2013 and form shall be as follows,

1.      MGT-14

2.      DIR-12

3.      MR-1

Thanks in Advance.

Dear Madam,

His position as a Director should not be challenged. However if Company wants to appoint that director then , please refer section 196 of Companies Act 2013 and form shall be as follows,

1.      MGT-14

2.      DIR-12

3.      MR-1

Thanks in Advance.


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