Re-appointment of managing director_statutory overview

I guess this one is useful as well. So here's the link:

/forum/is-it-okay-to-club-british-english-and-american-english--251590.asp

Vry useful...........

thnx for Sharing sir.......

Thank you very much sir for the simple and subtle piece of article, which will aid many professionals in understanding the language of law in a simpler way.

Originally posted by : Mansi Kotecha
	Thnk u Ankur sir..  It would be really very useful !!

Bookmarked.......

Sir,

Please provide Board of Directors as well as General Meeting Draft Resolution for Re-Appointment of Managing Director.

Thanking you

Amit Trivedi

Hello Mr Ankur

I have a query on the reappointment of md.

Reappointment of  md in a public unlisted company has been done in the AGM held on 30th sep, 2013, appointment effective from 1dec, 2013. when the compan will file Form 25-c.

Form 23 has been filed after AGM.

Regards 

Form 25C is required to be filed within 90 days from the effective date of appointment. So I would suggest you to file the same within the month of December 2013.

Form 25C need to be filed within 90 days from the effective date of appointment thus it should be filed within 90 days after 1st December.

Originally posted by : Preeti Jain
	Dear Ankur Sir, Your article is very informative and useful. I have a query as to why approval of shareholders is required for reappointment of Managing Director. Which Section provides for such approval? Why Board Resolution is to be passed “subject to approval of shareholders” and Board alone is not eligible to reappoint an MD? Thanks in anticipation

In public company appointment of MD is governed by section 269. In section 269 there are 2 routes for the appointment of MD.

1. Appointment of MD with the approval of Central Govt.
2. Appointment of MD under schedule XIII of the companies act, 1956.

Most of the companies prefer the route of schedule XIII which requires approval of shareholders. There is also a circular to that effect circular number 2/94 dated 10 February 1994 which is explained in the article itself.

Dear Ankur Sir,

As per your reply, I’ve gone through Schedule XIII wherein I found that Special Resolution is required by the Company if the person has not completed the age of 25 years or he has attained the age of 70 years.

But I nowhere found other cases where Shareholder’s Approval is required.

So, could you please inform me the exact provision which provides for such approval in Schedule XIII and I will appreciate if you could provide me the copy of circular number 2/94 dated 10 February 1994.

Thanks in anticipation

Dear Sir,

I need you advise on the following matter-

My clieny company desnt fall under Section 203. Compulsory appointment of KMP is not applicable to that company, however company is appointing MD, WTD & CS w.e.f 1/4/2017. Re-appointment of MD & WTD is w.e.f from 01/04/2017 and first time appointment of Cs is also from 1/04/2017, kindly advise In this case also do we need to file DIR 12 along with MR-1? MGT 14 is filed after AGM. 

Thank youy in advance.