Appointment of MD in 2 Pvt Ltd

[Shyam Naik]

Respected Members,

Facts : -

1) Mr. X is Managing Director in Company A(A Pvt Ltd Co.).

2) He was appointed as Managing Director in another Pvt Ltd Co., (Company B) on 01/02/12. Invertently, specific notice disclosing his already being MD was not given as Company B was not aware and hence there is no discussion regarding the matter in the Board Resolution.Form 32 has been filed.

3) Mr. X does not draw any remuneration from Company A wef. 01/02/12.

Query:-

What is the solution ?

Is it possible to change the notice disclosing full facts and submit the notice as an additional attachment to the already filed form 32?

Kindly advise and help.

Best Regards,

 

Shyam Lal Naik

[DR.MARIAPPAN GOVINDARAJAN]

The Companies Act, 2013 came into effect. Has the problem solved or not? If it still exists what is the present position?

AI Summary

Disclosure of dual directorship: remedy for omitted notice on appointment and correcting filed director records. The issue concerns an appointment to a managing director post in Company B where Form 32 was filed without disclosing the appointee's existing managing directorship in Company A; the appointee stopped drawing remuneration from Company A from the appointment date. The core question is whether the omission can be remedied by submitting an explanatory notice or attachment to the already-filed Form 32 and what board or filing steps are required to regularise the corporate record, including whether subsequent statutory changes affect the remedy.