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

This query is : Resolved

Guest

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

Ajay Mishra (Expert)
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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

Ankur Garg (Expert)
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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..

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