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Time for filing form for app of wtf

Sumit Jaiswal (Company Secretary) (818 Points)

08 March 2014

The term of WTD is expiring on 23.03.14 in an unlisted public company. The BOD at its meeting in 21.02.14 reappointed the WTD w.e.f. 24.03.14, subject to approval by SR at EGM to be held on the same date i.e. 24.03.14. The agreement with WTD was signed at the BM held on 21.02.14 which also mentioned reappointed date as 24.03.14. Now the qustion is: 1. Do the agreement has to filed in form 23 with ROC? Sec 192 says agreement with MD has to be filed, does it cover WTD? If yes, then what should be the last date to file the agreement in form 23 considering the above dates? 2. What should be the last date to file form 25C; 90 days from BM or from date of reaappointment or from EGM?

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2 Replies

Sneha (Company Secretary) (1594 Points)
Replied 08 March 2014

Kindly go through this link. It will resolve your query

/forum/re-appointment-of-managing-director-statutory-overview-251555.asp#.UxrSfT2SxA0

Sumit Jaiswal (Company Secretary) (818 Points)
Replied 09 March 2014

Thanks for sharing the useful link. I understand that form 25C has to be filed within 90 days of effective date of appointment. One question is still there:

Section 192(4) says that any agreement relating to the appointment or re-appointment of Managing Director has to be filed with ROC in form 23. Does the agreement relating to re-appointment of Wholetime Director has to be filed with ROC as well? Sec 192 does not specifically state agreement with WTD..