Hello Friends/ Seniors,
A director of a Pvt Ltd company is resigning. Can he sign on the form 32 that will filed for his resignation???
Thanks in advance
Warm Regards
Ravi Dasija
Ravi Dasija (C.A. ) (273 Points)
14 October 2011Hello Friends/ Seniors,
A director of a Pvt Ltd company is resigning. Can he sign on the form 32 that will filed for his resignation???
Thanks in advance
Warm Regards
Ravi Dasija
ashisha
(Practising CA)
(261 Points)
Replied 14 October 2011
no. only the directors in office can sign the form.
Shridhi Jain
(Company Secretary)
(1678 Points)
Replied 14 October 2011
Obviously, the form 32 will be filed after his resigning...
It means at the time of filing form 32 he is not the director of the company.
He cannot sign the form 32 of his own resignation. Other director has to file it.
Ravi Dasija
(C.A. )
(273 Points)
Replied 14 October 2011
If in case if a new director is appointed and the company fails to file form 32 then what will be the penalty to the compnay. Does the director has to pay any fine as well???
please reply to this question as well
Thanks in advance
Shridhi Jain
(Company Secretary)
(1678 Points)
Replied 14 October 2011
File form 32. Penalty is according to the period of delay. It will b included in the Challan amount.
Penalty amount will be added in the challan, generated after e-filing. No extra penalty to be paid by the director or the company.
Dipjyoti Majumdar
(CA in service & CS. dipmaj@ rediffmail.com )
(3468 Points)
Replied 14 October 2011
Form 32 has to be filed with additional filing fees.
The director is not needed to pay any fine personally.
However this non filing/late filing is a contravention of section 303 and if ROC decides he can issue a SCN. It is discretionary .
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