Easy Office

Additional director not regularise

This query is : Resolved 

16 September 2013 Sir,

In one company, a person appointed as additional director in December 2006, after that in 2007 AGM, he was not regularise as director not resign. Till date still he is as additional director. Now, if we want to remove/resign him from the company then from what date we can file form 32 for his removal:

1. If We remove in from 2007 then additional fee will be applicable.

2. IF we remove him in 2013 then, we can save additional fee, but the problem is that he was additional director.

16 September 2013 Hi

It is automatically vacated his office in AGM 2007.

You have not filed Form-32 of automatic vacation of office of director under section 260.


As and when you File the status will be autometic update n MCA.

16 September 2013 so, basically my question is that:

Can we file Form 32 for current date (i.e. from September 2013)or

We have to file Form 32 from the date of 2007 when AGM Held

for his removal.



16 September 2013 Yes, you will file Form-32 for automatic vacation (not used the word removal) of director. If you check Form-32, it will show you the the category of resignation.

with effect from date of AGM 2007.

16 September 2013 Ok, thanks Sir,

But one more problem is that:

Till date the form 20B filed upto 2012, in 20B for all years annual return he is mentioned as additional director.

So, how to resolve this issue

16 September 2013 Then it will be problem for you. In that case you will regularise them before AGM, if you want to continue him as director till year you have filed Form-20B showing him as director.

16 September 2013 No we dont want to continue him as director, we just want to remove his name from roc. But the problem is that from which date we have to file form 32.

16 September 2013 It is not possible. You will continue him as director till you have filed Form-20B.


16 September 2013 If you don't want to continue him as director, then you file revised Form-20B for last years with removing such director.

But ensure every document in which such director name id mentioned or not.

16 September 2013 ok.....

but it will very costly to file from 2007 fresh 20B.
So, the option is that first regularise him as director from 2007 then resigned him from 2013.


16 September 2013 Thank you very much sir.

16 September 2013 My Pleasure........




You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries