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Resignation of Alternate Director

(Guest)

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

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5 Replies

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