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Query on form-32 filing

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Charu Srivastava (Company Secretary) (4210 Points)
Replied 17 January 2012

Dear Neha,

The solution to the problem given by me was based on the idea that the Appointmet is against the provision of law. you cannot induct the person as Director in Board meeting.He must necessarily be appointed as a Additional Director as Section 260 applies to all Companies. In order to comply with the law, i recommended resignation followed by appointment as Additional Director in Board Meeting or as Director IN EOGM.

There are chances the resolution for the appointment may be given to any authorities for any purpos.



CS Ankur Srivastava (Company Secretary & Compliance Officer)   (17848 Points)
Replied 18 January 2012

Solution of above problem:

 

As you have mentioned that you have not attached resolution in Form 32.

 

Edit the minutes of Board Meeting and show him as Additional Director.

 

and After that show an EGM and regularise him as a Director for which second form 32 has already been filed. The status of Director is correctly shown on the portal. In this way the things may be regularise to an extent.

 

Second best Solution:

 

As Charu said, Remove him as from the directorship of Company by ways of resignation and file form 32. After that make a fresh appointment and file form 32.

 

Recommendation:

 

Always attach resolution with form 32.

When you have uploaded another form 32 there also you must have attach the reasons explaning that it was a clerical mistake and this form is being filed to making good that error.



(Guest)
Originally posted by : CS Ankur Srivastava

 
Edit the minutes of Board Meeting and show him as Additional Director.
 
and After that show an EGM and regularise him as a Director for which second form 32 has already been filed. The status of Director is correctly shown on the portal. In this way the things may be regularise to an extent.
 
Second best Solution:
 
 


Dear Ankur,

 

As mentioned by you abt regularising a director in EGM for which SECOND FORM 32 has already been filled.

In this regard :

In aforesaid form 32 (which is already filed), event would have been selected as appointment of director. However, if we are treating that form 32 for regularising purpose in EGM, event should be CHANGE IN DESIGNATION instead of appointment.

So in my opinion we can not treat already filed form 32 for the purpose of regularising director in EGM.

Pls share your views on my understanding.

Regards

 

 

 


CS Rajveer Rai, Gurgaon (CS) (646 Points)
Replied 18 January 2012

yes ms. neha is right second form 32 is filed for change in designation best solution is to change accordingly in your minute book



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