director retiring by rotation (Corporate Law)

This query is : Resolved

jess..

( Author )
27 August 2010

If the director is retired by rotation and form 32 is filed. but then no ROC filings done and no documents are available.. so whether the director retired is deemed appointed as per section 256 of the Companies Act, 1956??

Aditya Maheshwari

( Expert )
27 August 2010

In case of reappointment of retired director there is no need to file any form for the same unless he is a MD or whole time director.

jess..

( Author )
27 August 2010

So that means we need to consider that retired director as existing director of the company?? Actually we are filing form EES and no data avilable regarding Directors..

Aditya Maheshwari

( Expert )
27 August 2010

Yes if the same were not actually retired. If they were retired then filing of form 32 only is necessary.

Ajay Mishra

( Expert )
27 August 2010

Dear Friend

Director retire by rotation is an ordinary business and there is no change in position of director and for this purpose there is no need to file Form-32 with ROC.

Regards

CS Ajay Mishra

jess..

( Author )
28 August 2010

sir but form 32 is filed for that. then no filings at all.. so whether he should be considered in Easy Exit?

Aditya Maheshwari

( Expert )
28 August 2010

If form 32 filed for retirement and he was actually also not reappointed then he should not be considered as a director for EES.

jess..

( Author )
30 August 2010

thanks a ton