Referring to the provisions of Companies Act, 2013 explain the further procedure to be followed in case the appointment of whole-time director was not made in the general meeting in accordance with the provisions of Sche

According to Section 196(4) of the Companies Act, 2013, in case the provisions of Part I of Schedule V of Companies Act, 2013, are not fulfilled while appointing a whole-time director, an application seeking approval of Central Government for the appointment of whole-time director (WTD) shall be made in Form MR-2 along with the necessary fees payable under the Companies (Registration Offices and fess) Rules, 2014. As per Section 201 (2) of the Act, before an application is made by a company to the Central Government u/s 196 of the Act, there shall be issued by or on behalf of the company a General Notice to the members indicating the nature of application proposed to be made. The company shall attach a copy of the Notice with the application together with certificate by the company as to due publication thereof. The application shall be made within 90 days from the date of such appointment with regard to compliance of Section 196 of the Act. A return of appointment of WTD is required to be filed with the ROC within 60 days of the appointment in form MR-1.