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Discussion > Corporate Law > MCA >

Directors Re-appointment

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CMD of SHAYVIDZ Group


[ Scorecard : 3607]
Posted On 18 August 2009 at 16:57 Report Abuse

Whether e-Form32 is required to submit in case of re-appointment of ADDITIONAL DIRECTOR in Private Limited Company ??

Whether e-Form32 is required to submit in case of re-appointment of DIRECTOR in Private Limited Company ??


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Ankur Garg
Company Secretary and Compliance Officer


[ Scorecard : 104073]
Posted On 18 August 2009 at 17:02

Dear Adarsh,

Yes. Filing of Form-32 is mandatory in both the above 2 cases.

When you re-appoint additional director in AGM as regular director you have to file form-32 with in 30 days of AGM.

Further in case of private company there is no need to re-appoint a director again and again as concept of rotational retirement is not applicable in case of private company.

 

Regards

 





CA Adarsh Agrawal
CMD of SHAYVIDZ Group


[ Scorecard : 3607]
Posted On 18 August 2009 at 17:19

Dear Sir,

Thanks for your quick reply...

In case of Additional Director

So, you mean to say that there will be two information in single Form 32 fist for cessation by retirement & the second one for appointment of the same person?

Actually I just made Inspection of Public documents of one private limited company.  The Data of  said company  informations shown  as below :-

 

LIST OF SIGNATORIES :-

DIN/ PAN

Full Name

Present Residential Address

Designation

Date of Appointment

WhetherDSC Regd or not

00526752

 

SHRI KUMAR

SHARMA

 

HOUSE NO-203,

GOKUL APPARTMENT, NEAR MAHARASHTRA MANDAL,

CHOUBEY COLONY,

RAIPUR, 492001, Chhattisgarh, INDIA

Director

04/01/2003

YES

00526785

 

MAHABIR  PRASAD

SHARMA

 

HOUSE NO-203,

GOKUL APPARTMENT, FIRST FLOOR

CHOUBEY COLONY, RAIPUR, 492001,

Chhattisgarh, INDIA

Director

04/01/2003

NO

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHANGE IN DIRECTORS :-

Form No.

Document ID

Name

Whether Appointment or Cessation

w.e.f.

Designation

Form 32

 

D-20060731-6339107-EFORM

 

Mahabir Prasad Sharma

Appointment

04/01/2003

Additional  Director*

Mr.Shree Kumar Sharma

Appointment

04/01/2003

Additional  Director*

M.Chitambara Ram Rao

Cessation by way of Resignation

06/01/2003

Director

Smt.Aarti Arora

Cessation by way of Resignation

06/01/2003

Director

 

 

 

 

 

 

 

 

 

 

 

So, Does it mean that there is no director in this company as on this date ?

The Directors report  of last 4yrs shows that Mr. Mahabir Prasad & Me. Shree Kumar will retire in this AGM & are eligible for re-appointment.

 




CA Adarsh Agrawal
CMD of SHAYVIDZ Group


[ Scorecard : 3607]
Posted On 18 August 2009 at 17:23

In case of Ordinary Directors of a Private Limited Company

The Directors report shows that the directors will be retire in this AGM & are eligilbe to be re-appointed. So, whether two form 32 for retirement & appointment should be filed every year of which the directors report shows this statement ?




Ankur Garg
Company Secretary and Compliance Officer


[ Scorecard : 104073]
Posted On 18 August 2009 at 17:31

Kindly appreciate additional director automatically retire at the AGM and you have to re-appoint him as regular dir in the AGM u/s 257. In that case in from 32 you havev to select "change in designation" and "Director" only.  

You don't have to give two information in single Form 32 fist for cessation by retirement & the second one for appointment of the same person. Hope it is clear now.

 

 




CA Adarsh Agrawal
CMD of SHAYVIDZ Group


[ Scorecard : 3607]
Posted On 18 August 2009 at 17:41

Sir,

I am not submitting any form.

I am preparing SEARCH Report of the Company.

So, I just want to know whether compnay is in default in filing Form 32 or the company has no director as additional directors were appoiinted in 2003 & no further efiling was made regarding appointment of director. ??




Ankur Garg
Company Secretary and Compliance Officer


[ Scorecard : 104073]
Posted On 18 August 2009 at 17:45

Yes. Company is on default as additional director is working till date without filing of 32 and without regularisation. Actually legally he is not a dir of your co. 

Read section 260+257. 




CA Adarsh Agrawal
CMD of SHAYVIDZ Group


[ Scorecard : 3607]
Posted On 18 August 2009 at 17:46

in the below discussion Ms. Gargi said that :-

hi ! Ankur jain sir ,I have not filed form 32 as he never cessed to be MD we are reappointing him as his agreement validity is over ,similarly in our resolution we have alredy specified that he is reappointed for next 2 years so according to my knowledge question of cessation does not arise ; at the same time cessation column in form 32 states that it is required to be filled only when director is not reappointed after cessation ; after making enquiry regarding same with MCA ;I came to know that it is not required to any Company to file form 32 at the time of reappointment if his designation remain same and even ankur srivastava sir suggest same ;thanks to all for all support ;plese guide me if u have any diffrent opinion; 

http://w w w.caclubindia.com/forum/messages/2009/2/25218_filing_of_form_32.asp




Ankur Garg
Company Secretary and Compliance Officer


[ Scorecard : 104073]
Posted On 18 August 2009 at 17:51

But when u regularise AD as regular dir u/s 257 this is a case of "change in designation". It has nothing to do with gargi's case.




CA Adarsh Agrawal
CMD of SHAYVIDZ Group


[ Scorecard : 3607]
Posted On 18 August 2009 at 18:05

Ok...

So u mean to say that it is required in case of Additional Director. Then what should we write in SEARCH Report if it is a case of Ordinary Director ?

In case of Ordinary Directors of a Private Limited Company

The Directors report shows that the directors will be retire in this AGM & are eligilbe to be re-appointed. So, whether two form 32 for retirement & appointment should be filed every year of which the directors report shows this statement ?



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