Compulsion of filing form32

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This query is : Resolved

Sudeep Epari (Querist)

03 January 2012 Is it compulsion to file form 32 on account of resignation of a director? Does the resignation will be effective on not filing Form32 and simply tendering the resignation letter to the Board?

Jiten Gupta

Jiten Gupta (Expert)

03 January 2012 Yes it is required to be filed..

ROC will update its data relating to cessation of director only on filing of form 32..
It is to be filed within 30 Days of cessation but can be filed at later date with additional fees...

Sudeep Epari

Sudeep Epari (Querist)

04 January 2012 Thank you for your reply....but you have not answered to my second query regarding the effectiveness of resignation on not filing Form 32?

What are the consequences on not filing Form 32 with in due date?

If there is any liability on account of Director during his continuance in office? whether such liability will be relieved on filing form 32?

Is it mandatory to conduct a board meeting for authorizing any director to file form 32? whether it can done by the Company Secretary by not conducting any board meeting?

Jiten Gupta

Jiten Gupta (Expert)

04 January 2012 Yes a CS can do this but for this he has to be authorised by Board.

There is no liability o account of Director.
ROC will show resigning director as long as u do not file form 32.

Charu Srivastava

Charu Srivastava (Expert)

04 January 2012 In case of appointment and cessation of Director,one has to file form 32 with RoC within 30days of the event.
In case of failure to do so,additional fees shall be levied.
For filing either the Director or company secretary should be authorised in Board Meeting.

Sudeep Epari

Sudeep Epari (Querist)

04 January 2012 Thank u 4 ur reply.

If director has given the resignation and form 32 is not filed with in due date.Whether is effective?From what date, it is effective?

Charu Srivastava

Charu Srivastava (Expert)

04 January 2012 The cessation of the Director shall be effective from the date of resignation tendered.

Sudeep Epari

Sudeep Epari (Querist)

04 January 2012 IF form 32 is not filed with in due date, is the company liable? what are the penal consequences?

Jiten Gupta

Jiten Gupta (Expert)

04 January 2012 Agreed. But ROC will not update the Data unless form 32 is filed.

Charu Srivastava

Charu Srivastava (Expert)

04 January 2012 Penal consequences will involve payment of addtitional fees.