Filing of Form 32 without consent of Individual

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sunita (Querist)
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08 February 2011 Hello everyone

Need a urgent advice on the following matter.

If an individual's form 32 filled without his consent in ROC than can he deny to b a director.There is no consen letter attached to form 32.Wht should be the next step.

Thanks
ACS Sunita kanwar

Jayashree S Iyer

Jayashree S Iyer (Expert)
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08 February 2011 If it's a private company the consent of the director is not required.

However as per Section 264, a person shall not act as a director of the public company unless he has within 30 days of his appointment signed and filed with the Registrar his consent in writing to act as such director.

So the consent of the director needs to be filed with ROC within 30 days of his appointment.

If the consent was not obtained / attached, get it backdated and file with ROC.

sunita

sunita (Querist)
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08 February 2011 Thanks 4 the reply but take this question in reverse.The company is a private concern.The director of the company fraudulently filled the form 32 of the other individual without his consent to make him liable on behalf of company.Now wht should that individual can do. Can he deny to be a director of the company ?

Aditya Maheshwari

Aditya Maheshwari (Expert)
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08 February 2011 Ask the individual to inform the same to the ROC i. e. write a letter to the ROC stating the facts.

Jayashree S Iyer

Jayashree S Iyer (Expert)
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09 February 2011 It is a case of fraud and the director not consenting to act as Director should immediately serve notice to the company denying his consent and also take up the matter with CLB giving due notice to ROC as well.

Keeping silent knowing the fact that he appointed a Director without his consent, may be construed as consent. Hence to avoid problems take immediate steps to get the directorship terminated.

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