Form 32

This query is : Resolved

Guest

Guest (Querist)

15 November 2012 Hi,

Someone please clarify the following query in Form 32:

ABC Private Limited is having a Director, who now proposes to be a Chairman-cum-Director.

Query

Should there be a mandatory requirement for filing of Form 32 only for the said purpose i.e. 'Chairman' position ?

Ans : .....................

If anybody has experience on such situation, please share the same, as MCA Help Desk says as per the guidelines given to them, Form 32 is mandatorily to be filed even for 'Chairman' position, though it is internal matter of the company and further, this case does not require any designation change.

Ans : .....................

Request to provide any supporting / reference to enable me understand the matter.

Thanks.

ARUN KUMAR MAITRA

ARUN KUMAR MAITRA (Expert)
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16 November 2012 If a director is appointed as a director cum chairman, then there is no scope for filing Form-32 for change in designation because in the category column in the said form,no such designation has been included.
The category list comprises the following:
Director
M.D.
Alternate Director
Additional Director
Director appointed in casual vacancy
Nominee Director
WTD
However, if a director is appointed as CMD,the above Return is to be filled for change in designation from director to M.D.

As a result, there will be a difference in the designation of a person in the records of McA and the Company itself.They will show him as M.D. whereas as per Company's record he is actually CmD.
This is a defect in the above Form which needs modification.

Message likes : 1 times

Guest

Guest (Querist)

16 November 2012 In response to reply :

Person WAS appointed as a Director. In the previously filed Form 32, the Chairman position was not selected.

Now, same person proposes to be a Chairman-cum-Director. Whether this change requires filing of Form 32 as per Companies Act.

Please reply.