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Form 32-death case and appointment of director

Kunal Chheda (Trainee) (24 Points)

14 August 2012

Dear all,

In a Private Ltd company comprising 2 directors, where one died on 8th jan, 2012. A third person is to be appointed as an Additional Director on that date (8th Jan, 2012) for fulfilling statutory requiremnt but DIN is applied / approved today viz., 14th August, 2012..

Now, will Form 32 (STP) be uploaded / approved as the DIN id approved today, but appointment is back dated !!

Thanks & Regards,

Kunal Chheda

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4 Replies

CS Rajveer Rai, Gurgaon (CS) (646 Points)
Replied 14 August 2012

as per requirement of section 266A it is required that if any person is interested to become director he should have a DIN before appointment hence you should appoint with current date

1 Like

CS Advocate Abhishek Goyal (M Com FCS LLB M-AIMA ) (13531 Points)
Replied 14 August 2012

A vacancy caused by death or resignation of a director is a casual vacancy and director appointed as casual director to hold office uptill the expiry of term of the original director. In your case director should be appointed as casual director and not as additional director. Read the provisions of companies act carefully. If you appoint him as additional director you will have to regularise him in general meeting otherwise his appointment will be void and he shall vacate his office.

Also, Form 32 can be filed wth back date appointment with additional fees, it is now approved ASAP on the MCA portal. It has nothing to do with DIN approval. The system will calculate additional fees payable on late filing.

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deepak kumar (CS) (36 Points)
Replied 14 August 2012

as per clause 75 of Table A, continuing director can hold the board meeting and appoint other director as alternate director per section 313 of companies act.

director can be appointed from back date it has nothing to do with the date of approval of DIN. Please remember the prior period scenario of 2006 when DIN was not compulsory.

2 Like