Process of Vacation under sec 283 of the co. act of Director

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CA. abhinav kumar (Querist)
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14 June 2010 Please explain me the process in detail as per sec 283 of the companies Act in regard to vacation of Director of a company who had not disclose his interest under section 299 or had taken loan under sec 295 of the Act.

Whether we have to File Form 32 for changes in director or there is any other way in this situation.

Ankur Garg

Ankur Garg (Expert)
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15 June 2010 Hi,

There is no such process as section 283 is all about automatic vacation of office.

When a director falls under section 283 and his office becomes vacant form-32 is required to be filed within 30 days of vacation.

You may also take note of the vacation in the board meeting and insert the same in board minutes.

Thanks

CA. abhinav kumar

CA. abhinav kumar (Querist)
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15 June 2010 Sir,
Whether we have to inform to the registrar through a separately with a copy of Board Meeting.
AND what are the remedy available to that director

Ankur Garg

Ankur Garg (Expert)
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15 June 2010 To inform registrar simply file form 32. After applicability of section 283 there is no escape route.

However burden of proof lies on the director to prove that his office is not affected by section 283.

Rgds

CA. abhinav kumar

CA. abhinav kumar (Querist)
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15 June 2010 Thankyou sir

Ankur Garg

Ankur Garg (Expert)
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15 June 2010 You are most welcome friend. Check form-32 carefully as there is an option for section 283 based vacation.