15 March 2011
Dear All, We have a director in Company who is issued temporary DIN No. Now he wants to resign. Please suggest me the process, by which he can resign.
15 March 2011
DIN may be got approved from MCA. Upon resignation of the director and with in 30 days therefrom e-form 32 has to be filed with the MCA portal.
15 March 2011
There is some ambiguity in the question. The director's DIN is temporary. That means his name is not in the electronic depository. That means either Form 32 or DIN 3 has not been filed. The system will not accept e-form 32 of a person whose name does not appear as director in electronic records. Further the DIN is still temporary and so we can not file any form for that director.
16 March 2011
After getting the DIN / DIN 3 approval, first file form 32 for his appointment. After approval of the same, file form 32 for his resignation.
However these are all procedural compliances and there is nothing to stop a person from resigning the Office of Director. He is free to resign any day.
16 March 2011
Dear Krishna sir, I am making my query more clear. We have got provisional DIN for Director and form 32 is also filed for him. He has never received a permanent DIN no.Now in such situation how can he resign?
16 March 2011
Hard copy of the DIN-1 form through which the provisional DIN is generated is supposed to be send to NOIDA office after paying DIN application fee with in 60 days of electronically generating the provisional DIN for their verification and approval of the DIN. If u have not done this the provisional DIN will lapse and e-form 32 for resignation cant be filed for want of an approved DIN. Pl check this and respond also with the date of appointment of the concerned Director.
18 March 2011
If DIN is lapsed then Form 32 was never filed. You have to get the DIN first. Then file Form 32 for appointment with additional fees.After appointment is recorded you can file Form 32 for discontinuence. If you do not follow this procedure the appointment and resignation will not be recognised by MCA.
24 March 2011
You have to apply for din, and register the din no by filing din for 3, with MCA.GOV.IN. I think you need the company secretary signature for filing the din 3 form, better you consult the company secretary for more details.
24 March 2011
Krishna Sir & Khan Sir, I am very confused. The director was appointed as a director in Feb 2007 and at that time it was allowed to file form 32 with Provisional DIN. We have done all the formalities required by MCA to get DIN permanent, But no communication was made by MCA. Provisional DIN lapsed. And matter is pending since then. Now director wants to resign , what is the proper way to solve this issue. Should I file fresh DIN application in Form I a and then File form II & III. Our CS is Suggesting to file Form II & III but I am not Satisfied. Appreciate your help.
24 March 2011
1) Check the status of provisional DIN. 2) If the status shows as rejected/ lapsed, apply afresh in DIN-1 and download the print out. 3) Pay DIN application fee Rs.100/- 4) SRN of fee may be entered in the down loaded form. 5)Sign the said form,get it attested, attach the identity and address proof and send it to NODIA in the address given in DIN 1 form. 6) Check the approval of this form. 7) After the approval, get DIN 2 from the director. 8) Comply the procedure of DIN -3 since director is appointed before 30/06/2007. 9) Then file e-form 32 for resignation of the said director.
24 March 2011
I am agree with chakrapani sir and your CS you have to first apply for din no. and register the DIN no of director by filing Form 2 & 3. and file form 32 for changes among the director.
Pls visit the site http://mca.gov.in/MCA21/dca/din/DIN.html for more details.
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