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Discussion > Corporate Law > Pvt ltd >

Change in directorship

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chartered accountant

[ Scorecard : 40]
Posted On 06 June 2012 at 15:32 Report Abuse

dear sir,

i ' ve a query about tthe documents required to change in directirship in private company which has to be submitted along with form 32.

 

                      kindly reply urgently.

 



Neha Jain
Company Secretary

[ Scorecard : 7019]
Posted On 06 June 2012 at 15:46

In case of resignation of director, you have to attach RESIGNATION LETTER with Form 32

 

In case of appointment of director, you have to attach CONSENT LETTER with Form 32

 




CA Archana Dhamecha
CA

[ Scorecard : 88]
Posted On 06 June 2012 at 15:59

I agree with neha

 

even consent is not mandetory. 



Mohammed
CS, Mcom, SY.LLB

[ Scorecard : 802]
Posted On 06 June 2012 at 17:16

The resignation letter needs to be accepted by current directors of the company



Neha Jain
Company Secretary

[ Scorecard : 7019]
Posted On 06 June 2012 at 17:21

Hi Mohammed,

 

It is an inherent right of any person to render resignation. The office of director become vacant when the letter of resignation is received by the company. No acceptance of such resignation shall be necessary, unless AOA otherwise requires.

 

Once a resignation letter is submitted to the Board, the date on which the intention to relinquish post is communicated to board would be the date from which the director ceases to be a director of the company. [Mother Care (India) Ltd. v Prof. Ramaswamy P. Aiyar (2004) 51 SCL 243 (Kar)]

 

Regards



Mohammed
CS, Mcom, SY.LLB

[ Scorecard : 802]
Posted On 06 June 2012 at 17:45

I agree with you Neha, The resignation Letter once submitted by the said director will cease to be on Board, and the resignation letter received to the company will also need to be placed in the next board meeting and at that point of time it would be accepted..

Correct me if i am interpreting wrong



Neha Jain
Company Secretary

[ Scorecard : 7019]
Posted On 06 June 2012 at 18:11

 

Hi,
 
At the next Board meeting, the letter of resignation will be placed before the Board and that fact will be recorded in the minutes of the meeting (not accepted). It is common to place on record appreciation of the services of the concerned director.
 
Regards


sangram ghatge
company secretary in practice

[ Scorecard : 195]
Posted On 07 June 2012 at 15:16

hi,

neha is right. there is no need of acceptance by the board of directors, subject to AOA. the resignation letter may not even be place before the board meeting, though as neha rightly pointed that it is common practice to record the fact in the minutes of the meeting.

regds,

sangram 9422622828.


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