Become a Govt. Certified GST Practitioner in just 60 hrs. Register Now!

Change of designation

23 June 2013

Hi,

My client is apvt ltd with 2 directors.They have decided to take one more person as director and the first two directors will become manageing directors.How do I proceed?

Thanks

Reply
Follow
Share

1 Replies

Sarvesh (Company Secretary) (179 Points)
Replied 24 June 2013

Appoint the new person as an additional director in the Board Meeting and file Form 32 within 30 days of passing of such Board Resolution with the ROC. Later regularise him in the general meeting and file form 32 (for change in designation) within 30 days of passing of resolution in the General Meeting.

For appointment of Managing Director check if so authorised by Articles of the Company. No shareholders approval is required until or unless specified by the Articles. The Company after the Board Meeting should file form 32 and 23 alongwith copy of Board Resolution with ROC within 30 days. There is no specific section in the Companies Act, 1956 which deals with the appointment of managing director in pvt ltd company until or unless it is a subsidiary of Public Ltd Co.

The company after the board meeting should file Form 32 and Form 23 along with copy of board resolutions with ROC within 30 days. Form 23 is required to be filed because Section 192 is attracted in respect of appointment of MD.

Read more at: /forum/appointment-of-m-d-in-case-of-private-company-20046.asp