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Form 32 upload error

neha (CS) (282 Points)

23 May 2011

While uploading Form 32 for Directors appointment, MCA displays message tht independent category is applicable to public ltd. cos.

Then wht category shud be selected, professional or promoter??

Rgds,

Neha

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8 Replies

Archana (Company Secretary) (165 Points)
Replied 23 May 2011

Dear Neha,

If it belongs to promoter group, it should be in promoter category .

Pls provide more details as to wht kind of director u r appointing, its a pvt or public co., etc

neha (CS) (282 Points)
Replied 23 May 2011

thanks archana. further it is pvt. ltd. co.& form 32 is being filed late for regularizing appointment of additional director.

Archana (Company Secretary) (165 Points)
Replied 23 May 2011

does he belongs to the promoter group..if yes select promoter category else professional if he possesses technical qualification required.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 23 May 2011

Yes it is a technical problem, if you select the Executive category then the system would not allow you to select Independent Category in both Private as well as Public Companies.

Patric (Employment) (27 Points)
Replied 02 June 2011

I read some opinions in this topic. I do not agree above ideal. We can find out some articles at about.com by using Google search.

Priyanka (Assistant Company Secretary) (905 Points)
Replied 02 June 2011

I USE TO PREFER PROMOTER WITH THE PVT. COS. DIRECTOR WHILE FILING. PRACTICALLY MOSTLY THE COS. APPOINTS DIRECTOR IN PROMOTER CATEGORY INSTEAD OF PROFESSIONAL. RECTIFY IF WRONG.

THANK YOU,

REGARDS

Archana (Company Secretary) (165 Points)
Replied 02 June 2011

As per my understanding & experience, promoter category is selected when any one proposed to be appointed belongs to the family of those whose names r appearing in MOA &AOA..ideally said to hve subscribed MOA & AOA .

Independent category is other than promoters and shud be non executive.such person shud not be connected in any ways as mentioned under the defination of ID in clause 49..Pvt co cn appoint independent director but its not mandated by the Act.

Professional category can be used for promoter group and non promoter group as well. It is generally used for taking the benefit of remuneration as restrictions under sec 269,198, sch XIII,etc r not applicable to technical directors possessing technical/professional qualification.

others views welcomed.

thnx

Archana Lahori