officer executive chief appointment
The Company has already one Managing Director and Rule 8(2) of Companies (Meetings of the Board and its Powers) Rules, 2014 talks about removal or appointment of KMP and we have not appointed CEO as KMP, and Section 117(3)(c) talks about the appointment and reappointment of Managing Director and not about the chief Executive Officer
Our Company has given loan or advances to some persons and body corporates. But before giving loan our company has not passed resolution under section 179(3) and 186 of companies Act, 2013. Can we ratify the transactions of giving of loan in next board meeting or we have to pass the resolution in a board meeting held before giving loan. Also specify whether Board resolution must specify the name of Parties for whom the loan is to be given as we have to give loan to many persons and bodies corporates. Also Company passed a Special Resolution in its AGM held on September 28, 2016 of approval giving of of loan upto 500 crores. Is there any validity of resolution in terms of time period or we should not pass any resolution till that limit is crossed
Click here to view / answer Share it onCan we appoint Independent director of our company in the company which is a promoter of our company and also can we appoint independent director in one of our group company whose associate company is Promoter company of our company. Is there any obstacle or will it come under related party transaction
Click here to view / answer Share it ondirector appointment Whether the appointment of Chief Executive Officer requires the approval of Shareholder also because his appointment is governed by the provisions of section 203 of Companies Act, 2013 and if the appointment of CEO is made as per section 203, then approval of shareholders is not required as it comes within the ambit of Board. So, my question is whether the appointment of Chief Executive Officer requires the approval of Shareholder or not
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Dear Sumit,
There are three forms required to be filed.
1. MGT-14 Filing of Resolutions to the Registrar Under section 179(3) Rule 8(2) and Section 117(3) (c);
2. DIR-12 Filing of particulars of appointment to the Registrar under section 15 Rule 8; and
3. MR-1 Filing of Return of Appointment to the Registrar under section 196 Rule 3
Best, Gaurav.