A company can seek approval from Central Government through 'MR-2' webform for approval of appointment of managing director or whole-time director or manager in certain special circumstances as mentioned in Schedule V of the Companies Act, 2013.
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Subject: Your appointment as a Managing Director of the Company. Company for a term of _________ years with immediate effect/with effect from________________. General Meeting/ General Meeting to be held on or before _______________________. The other details of your appointment will be communicated to you soon.
What are the forms to be filed for adding a new director to a company? MGT-14 – Resolution passed in the general meeting regarding the appointment of the director. DIR-2 – Consent received by the proposed director to hold the position of a director in the company. DIR-12 – Particulars of appointment of the director.
(2) No company shall appoint or re-appoint any person as its managing director, whole-time director or manager for a term exceeding five years at a time: Provided that no re-appointment shall be made earlier than one year before the expiry of his term.
Therefore, the appointment of a managing director or whole-time director or manager and the terms and conditions of such appointment and remuneration payable thereon must be first approved by the Board of directors at a meeting and then by an ordinary resolution passed at a general meeting of the company.
As per Act Company should file form DIR-12 on reappointment of any Director. But MCA doesn't allow the same and the no option of re appointment in form DIR-12 . Therefore, Company will not able to file DIR-12.
As per Act Company should file form DIR-12 on reappointment of any Director. But MCA doesn't allow the same and the no option of re appointment in form DIR-12 . Therefore, Company will not able to file DIR-12.
As per my opinion, in case of re-appointment of Whole Time Director in the Board Meeting, Form MR-1 & MGT-14 required for filing with the concerned RoC. Period of filing of resolution in MGT-14 is with in 30 days from passing of resolution & MR1 should be filed with in 60 days from appointment with the concerned RoC.