DIN


This query is : Resolved 

10 December 2010 hello cci experts
plz give me advice on the matter stated below
we have a company in which 5 persons are directors.out of 5,2 persons have not DIN.But these 2 are the first directors of the company(since 1987).In MCA portal signatory detail shows only 3 directors.now the above 2 directors have given their resignation.

my question are:
Q1.Is it necessory to file form 32 for cesstion of director ship?
Q2.what is the penalties for not acquiring DIN?
Q.what is the status of these diretors in the eye of ROC?

10 December 2010 1) e-form 32 has to be filed necessarily.
2) Section 266G prescribes the penalty of Rs. 5000/-followed by Rs. 500/- per day for continued contravention.
3) Directors without holding DIN is directors per se.

10 December 2010 1.Yes. It's necessary to file form 32 for the resignation of 2 directors.
2. Since the 2 directors have already resigned, file form 32 without DIN. I understand Form 32 can be filed without DIN in case of resignations.
3. Non obtaining DIN will not affect their directorship status. It amounts to non-compliance of company law provisions attracting penalty.

10 December 2010 Hi

If your company has 5 director and out of which MCA portal only shows details of 3 directors it means you have not informed the ROc about balance two director.

In current situation you take DIN of balance two directors File DIN 3 within time to ROC.

If the above two director have given their resignation, in that case you can not file Form-32 with ROC unless you have DIN of these director and DIN 3 file with ROC.

First of all you take DIN and file DIN 3 with ROC thereafter you file Form-32 of resignation.

Regards


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

Follow us
add to google news


Answer Query



Company
ARTICLESHIP 08 July 2026
Article internship

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
23 July 2026
CA Inter

Vikram Jadhav and Company

Pune

CA Inter

View Details
Company
20 July 2026
Senior GST Executive

Chandak Agarwal & Co

Mumbai

Graduate (Any)

View Details
Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
ARTICLESHIP 14 July 2026
Article Assistants

R Shyam and Associates

New Delhi

CA Final

View Details
Company
06 July 2026
Accountant

Agarwal Anoop and Associates

Noida

CA Final

View Details
Company
23 July 2026
Senior Accountant

Felicity Adobe LLP

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

G A R U D & Associates

New Delhi

CA Inter

View Details