Late filing of form 32

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 December 2012 Dear All

there is a non compliance in one of the companies with respect to filing form 32 for cessation of director with ROC since 2011 jan.

Now the noting in Board minutes has been made in Dec 2011 for acceptance of cessation.

If form 32 is filed today, the date of cessation remains jan 2011 with board resolution authorising filinf of form 32 in dec 2011? is this correct

Ajay Mishra

Ajay Mishra (Expert)
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21 December 2012 Hi

If u will file Form-32 for cessation of director then you will pay normal fee of Form-32 as given in Schedule X along with additional fee which will be nine time of normal fee.

For example if normal fee of Form-32 is Rs. 500 then additional fee will be 9* Rs. 500 = Rs. 4500 and total fee for filing of Form-32 will be Rs. 5000 (Rs.500 + Rs.4500).

Querist : Anonymous

Querist : Anonymous (Querist)

21 December 2012 Sir, thanks for your response.

I understand the fee has to be paid in accordance with the rules. My concern is the noting in the Board minutes was also not made in Jan. So submitting details as per the facts available is all I should take care of being in charge for these matters?

or is there any other solution

Ajay Mishra

Ajay Mishra (Expert)
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21 December 2012 Hi

No, it is required to make entry in minutes about resignation. You have no way to escape such item from minutes, if the director has given his/her resignation to Board.

Querist : Anonymous

Querist : Anonymous (Querist)

21 December 2012 Sir, as i mentioned before the noting was duly made in meeting of december 2011 itself. this is a non compliance but the same cannot be changed now. if form 32 was not filed in dec also, the same is being filed now. my question pertains to the filing as on date

Ajay Mishra

Ajay Mishra (Expert)
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21 December 2012 Hi

If you are filing of Form-32 of cessation of Director of Jan 2011 and you wanted to file Form-32 in Dec, 2011 or now then the only present director will be authorised to file Form-32 with MCA.

The reason is when you use digital signature of other director present in Jan 2011 and such director is not in Board in Dec 2011 then as per Board only existing director shuld be authorised to use their digital at that time.

But now when you are going to late file the existing director as on filing date should use their sign to file.

Querist : Anonymous

Querist : Anonymous (Querist)

21 December 2012 thanks sir

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