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Non filing of form 32 for appointment of cs

savita (CS) (88 Points)

16 January 2013

Hi,

Our company has increase its paid up capital to 10 Crore as on 20.09.2010 and appointed a whole time company Secretary as on 01.01.2012, he resigned as on 30.11.2012, but not filed Form 32 for appointment and now, Register of Company send us show cause notice under section 383A.

Whether it is advisable to file backdated Form 32 for appointment of CS now?

I have recently joined as a Company Secretary.

When should I file Form 32 of my appointment?

You are requested to guide me regarding above situation.

Savita.

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3 Replies

Sneha (Company Secretary) (1594 Points)
Replied 16 January 2013

Is annual filing for the financial year 2011 - 2012. Did earlier CS signed statement of Accounts and Annual Return as per the Act ??

1 Like

harshsaurabh (Exe Acc) (38 Points)
Replied 17 January 2013

Try MCA E-filing XBRL Tools if you missed 15 Jan deadline.

Dipjyoti Majumdar (CA in service & CS. dipmaj@ rediffmail.com ) (3468 Points)
Replied 17 January 2013

Look, Form 32 for your appointment has to be filed from your date of appointment only. Not a day earlier/later.

You have to file Form 32 for cessation of office of CS who has resigned as unless that is done F 32 for your case will not be accepted in the system as there cannot be 2 CSs in the same CIN.

It is better to show the date of cessation as the date of release.

I think the SCN was issued as there was no CS when the paid up capital was increased and not because non filing of F32 of earlier CS.

Regards,

1 Like