Managing Director's Offer / Appointment Letter - companies act

just_neo_chetan Started The Discussion:

I want to offer my Managing Director with an appointment letter with the terms and conditions for his tenure with the company. Any idea on what terms should be included in the offer letter?

RatanC -  Member Since: Dec 2009
Depends on the type of director Broadly - will be different for a paid MD even if with stakes (less than 5%) and an MD with stake in the Co more than 5%.

basheed -  Member Since: Jan 2010
just_neo_chetan : a professional agreement is a must not just a letter!!! which must have a non-compete agreement in the future too - it the MD is not the owner founder / co founder. basheed

ngurjar -  Member Since: Sep 2008
Agreed with Basheed... You will need a regular contract and not just an appointment letter. The letter is fine in its place, but this is a position with significant legal ramifications and that is normally a subject of a legal contract.

eastculturalassociation -  Member Since: Mar 2010
Dear Chetan,

Much wuld depend on the follg.

Pl. start discussing on these topics/prepare complete answer to these-

1. Is he share holding Director? on the Board ? Then arrange to fix his managerial remuneration/emoluments and appropriate formulae.
2. Is he an Executive directly involving certain areas of operations like, production, HR, Finance, Spl.divisions etc. Then fix areas of his responsibilities, assigned duties, day to day responsibilities.
3. List out delegation of powers & responsibilities.
4. Refer your Recrutment & promotion policies/rules and short list what are applicable to him, take his scale of pay, allow. perks, benefits etc.
5. Also pick up relevant points from the appointment letters of other directors which are common to all.
6. Most of the directors are appointed for a particular tenure, then finalise his tenure in consultation with your offcials concerned/competent to.
7. List out other general terms like, conduct and discipline rules, termination terms etc,
8. Determine whether he has to undergo an oath of office & secrecy.
9. Consult your Co.Secretary for compliances with Companies Act requirements.
and so on.
Then prepare/compile a draft offer/apptt. letter, get them corrected if any, get it approved by an authorised authority and go ahead.
If still U feel in adequate, consult a competent legal advisor who are well versed in matters, get it vetted by him. Don't forget it as it may require the approval of your board as well. Then arrange to pass a resolution, get it authenticated by for yr.file.

If you still require any help, continue the link with details & specifics. If U still deem it necessary send an e-mail ( with full details, I'll try my best, of course no fee is charged simple thanks wud do.

With wishes,

Kumar, Bg.


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