Basic Query regarding filing of Form 32 using EX-MD.


This query is : Resolved 

Profile Image

Guest

Profile Image

Guest (Querist)
30 November 2010 Dear Friends / Experts,

Please see the following :


ABC Ltd has to file Form 32 for appointments and resignations.


Alternate Director was resigned on 27.10.10.

Additional Director was appointed on 28.10.10.


MD supposed to sign the above two forms.
But, it seems it might have missed his attention.


MD was resigned on 31.10.10.


Say today i.e. 30.11.10, whether the company can use the MD’s DSC (with his consent) and digitally sign the above two forms and file with RoC.


Note :

MD’s resignation Form 32 is yet not filed. So, his name shall still appear in the list of signatories in MCA portal.



I am aware the MCA portal shall not prevent the uploading.


But, I still expect you all Friends / Experts to clarify me (out of experiences earned) the legal position, if any applicable. If it is digitally signed by MD, is it wrong ? If wrong, I may request to clarify with reason so that I can understand the position.

I shall wait for your views.

Ajay Mishra (Expert)
01 December 2010 Hi


At the time of resignation of alternate director and appointment of additional, the company had MD, so if he is authorised to sign the said Form then you can use MD signature.

Please make sure, after approval of such Form 32 with ROC, you will file Form 32 of MD.

Regards

Ankur Garg (Expert)
01 December 2010 It is not advisable to use sign of MD now on 30.11.10 who hv resigned on 31.10.10 bcoz digital sign will show the current date of sign which in turn create mismatch when you file form 32 for MD resignation..

Hop u got my point..


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



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 18 September 2026
Industrial Trainee

Twenty Point Nine Five Ventures Private Limited

Noida

CA Inter

View Details
Company
12 October 2026
Chartered Accountant - Internal Audit

HKC | Chartered Accountants & Business Advisors

Ludhiana

CA

View Details
Company
19 September 2026
CA/Semi-CA/BCom

Pravin Sarvaiya

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
05 October 2026
Senior Accountant

Vision IT Peripherals Pvt Ltd

Mumbai

B.Com

View Details