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Cessation of Director..... (Corporate Law)

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This query is : Resolved


( Author )
24 March 2010

Mr. A, is the Managing Director and Mr.B and Mr. C are the Directors of XYZ Private Ltd. Mr. A, wants to resign from the company and Mr. B would like to continue as Managing Director. But Mr.A and Mr.B only are having DSC. Mr.C is not having DSC. How can I File Form 32? An attachment requires Evidence of Cessation, is there any specimen for that?


CA Gangadhar Mishra

( Expert )
24 March 2010

C's DSC is not required, file Form 32 by affixing DSC of B.


CS Vandana Kacholia

( Expert )
24 March 2010

any letter from the Retiring MD or any passed Resolution can be attached as an evidence.




Srinivas

( Author )
24 March 2010



Srinivas

( Author )
24 March 2010

BUT IT IS MENTIONED IN THE FORM 32 AT THE PLACE OF DIGITAL SIGNATURE THAT THE FORM IS TO BE SIGNED BY THE DIRECTOR IN RESPECT OF WHOM THE FORM IS FILED. HERE MR. A CEASES TO BE THE DIRECTOR AND MR. B CHANGES HIS POSITION FROM DIRECTOR TO MANAGING DIRECTOR. AS BOTH ARE INVOLVED, MY DOUBT IS WHETHER MR.B CAN SIGN EVEN THOUGH HIS NAME IS INVOLVED IN THE FORM.


Ankur Garg

( Expert )
24 March 2010

Yes Mr. B can sign the form.


CA Ashok Kumar Sahu

( Expert )
25 March 2010

agree


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