Independent and executive director

Others 2227 views 16 replies

Hello Frnds,

 

Can anybody tel me that Independant director can be executive director of the company??

And if no, can non executive director is authorised to sign the documents of the company related to property.

 

Pls rply urgently..

Replies (16)

Hi Jyoti,

 

There is no problem. The designation of any Independent director can be changed and he can be redesignated as Wholetime director of the company i.e. executive director.

 

However, every director may sign on the documents of the Company.

Agree With Ankur..............

 

But  Approval Letter Should Required.

Dear friends a non executive can be redesignated as executive director of the company for this a board resolution  is required as such sec 269 is not applicable on the pvt limited company. Now as per the question that a non executive can sign the doucment of the company. Yes he can sign the document after passing a board resolution and by granting authority to him. concering with the independent director he can not sign the document becoz as per clause 49 he doesnot have any direct and indirect personal interest in the company he is merely a watch dog of the company and he also not responsible for the working of the company.

Dear Richa,

 

Please explain. I dont think so. According to me a resolution is required to authorised any director of the company and he may sign on the documents as per the resolution.

But Mr. Ankur ,  in form 32 wat shuld b  mentioned as there is only 3 categoris promoter, Independent and professional

ANd the person is independent

now he want to sign the documents so can independent dir be executive director?

or can non executive dirctor can sign the documents?

And Ms. Rich it is a pvt co, so listing agreement vl not applicable to this co.

Yes, I agree with Ankur Sir that a resolution authorising a director to sign all the papers regarding a property is sufficient authority for him to sign.

Dear Jyoti, It is a discussion and if there is any confusion it must be cleared. Further, coming to your query, if you want to change the designation of director, yes mark on independent and then on executive director.

 

However, as i already mention, he can sign the documents as pe the resolution. Simply pass a Board Resolution and authorise him to sign the documents for the said purpose.

For authorising a person for signing the documents on behalf of the co. in relation to property, BR is sufficient and no need to make any change in his positionn no matter if he is an independent director.

Dear Jyoti,

 

Dont Confuse regarding the status of the Director. He can, on being authorised by way of resolution,sign the documents. Therefore, only for that purpose there is no need to change the designation.

Dear Members,

I am not sure about resolution thing..

But I think, once Independent Director  takes over as Executive Director then he will no longer be called as "independent"

Plz correct me, if my understanding is wrong on this matter...........

Yes Mr. Amir, independent director will no longer be independent if he is designated as executive director.

 

But here the dicussion is for the matter that "Can an independent director sign documents on behalf of the company without being designated as executive director?"

And the answer is obviously yes by means of authorisation by Board Resolution.

 

Yes Mr. Amir, independent director will no longer be independent if he is designated as executive director.

 

But here the dicussion is for the matter that "Can an independent director sign documents on behalf of the company without being designated as executive director?"

And the answer is obviously yes by means of authorisation by Board Resolution.

Thanks to all replies.

 

But my simple question is that can an independent director be an executive director also?


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