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Form 32 of compnies act

08 May 2012

Hello everybody,

While filling form no32 for appointment of director (for a pvt. ltd co. in my case),only 3 categories of director are being displayed..

1)Professional

2)Promoter

3)Independent

The director being appointed is neither a promoter nor a professional.Independent directors is term associated with listed companies and also the site is showing this on filling this option and not accepting it.What course of action should I take?

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7 Replies

VIDHYA RAMPURIA (LEGAL) (72 Points)
Replied 08 May 2012

You have to select either of the two option, i.e. promoter nor a professional. Then only you can upload Form 32

Rashmi Rajgarhia (Employee) (50 Points)
Replied 08 May 2012

Thank you Vidhya for your reply.

It will be technically wrong eventhough the form will be submitted because a directorbeing appointed in a fully operational company cannot be a promoter nor he is a professional unlesshe holds such degree juftifying his competence as such.

VIDHYA RAMPURIA (LEGAL) (72 Points)
Replied 09 May 2012

But then Rasmhi, there is no other way. We have to submit the Form in that way. The Form actually needs to be rectified.

Pratidnya Rumde (Legal Advisor) (48 Points)
Replied 09 May 2012

Hi,

at the time of submiting Form 32 attached one note that

To,
Registrar of Companies,
Mumbai
Respected sir,
Sub.: Category of Director in Form 32
With reference to the captioned subject, we have mentioned category of Director as
‘Promoter’ instead of ‘Independent’, because at the time of filing of the form 32 we have
received error as the ‘Independent’ category is only for Limited Company.
Hence in this Form 32 Category of Director should be treated as ‘Independent’ director.
Thanks & regards

and upload the form with this attachment

Rashmi Rajgarhia (Employee) (50 Points)
Replied 10 May 2012

I have posted a query in this regard on the MCA portal because even independent category is not very apt for a pvt. co.But, filling one of the other two categories and attaching a note as suggested ,seems to be a practical solution for the time being for submitting the form.

Thankyou both of you.

NISHA AGARWAL (Chartered Accountant) (454 Points)
Replied 18 May 2012

A valid point by rashmi....... agree with you. PLS post the reply that you receive in this regard........

sangram ghatge (company secretary in practice) (198 Points)
Replied 21 May 2012

dear rashmi,

i have filed form 32 for a pvt ltd company by selecting the category as 'independent director'. though the term 'independent director' is associated with listed companies, we can apply it for pvt ltd companies also.

regds,

sangram 9422622828.