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.
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.
Ajay Mishra
(Expert)
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.
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.
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.
Ajay Mishra
(Expert)
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.
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
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
Ajay Mishra
(Expert)
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.
Ajay Mishra
(Expert)
16 September 2013
It is not possible. You will continue him as director till you have filed Form-20B.
Ajay Mishra
(Expert)
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.
But ensure every document in which such director name id mentioned or not.
Message likes :
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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.
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.
Ajay Mishra
(Expert)
16 September 2013
My Pleasure........
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