If the original director resigns from directorship…..does the office of alternate director gets vacate automatically or we will have to file form 32 for resignation of alternate director also.
With Regards
Neha
If the original director resigns from directorship…..does the office of alternate director gets vacate automatically or we will have to file form 32 for resignation of alternate director also.
With Regards
Neha
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 01 December 2009
Yes the office of alternate director vacate automatically.
As per my understanding you have to file two form-32. One for the vacation of original director and one for the automatic vacation of alternate director. My understanding is based on the field provided in form-32. However views of other members solicited.
Ratti Wahal
(Company Secretary)
(139 Points)
Replied 02 December 2009
Dear Ms. Neha,
As per Section 313 of the Companies Act, 1956, an alternate director shall not hold office for a period longer than permissible to the original Director. The moment original director resigns his duties, liablities etc. (in genral) towards the concerned Company ceases. An alternate director is appointed to perform the role of the original director. Once the original director the alternate director, from that day onwards, will have no role to play.
Further, as per my knowledge, you will be needed to give intimation to the Registrar of Companies in a single e-form 32 about the resignation by the original director and vacation of office by Alterante Director.
Hope you would find the above in order.
Regards,
Ratti Wahal
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 02 December 2009
Hello,
Agree with the learned member Mr. Ratti.
As the date of vacation would be same for both the directors so there is no need to file two separate form-32. Inconvenience caused due to my first reply is regretted.
Best Regards
RJ
(Student CA Final )
(48 Points)
Replied 21 June 2013
Even i have the same query. So do we need to show reason as "vacation of office under sec 313" in case of alternate director?
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17848 Points)
Replied 21 June 2013
It is itself a valid reason. Board Resolution should to be attached in this regard in form 32.
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