Regarding Additional Director

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vijay m r (Querist)

28 June 2011 In a Public Company A is appointed as a Additional Director on 9/10/2009,( Provided that such additional directors shall hold office only up to the date of the next annual general meeting of the company). On Next AGM 30/09/2010 he retires. Again on 26/10/2010 he reappointed as a Additional director.

1. As per above details Company is required to file Form 32 intimation for ROC about is retirement.
2. And is again reappointment as a Additional Director.

Is it necessary to file 2 Form 32 for his retirement and reappointment as a additional director.

Jayashree S Iyer

Jayashree S Iyer (Expert)

29 June 2011 The additional director holds office only upto the date of next AGM.

Since he was not appointed as a regular director in the AGM his term as additional director expired on the date of AGM.

His appointment on 26/10/2010 as additional director will be a fresh appointment and not a reappointment.

Form 32 need to be filed for cessation first and then for appointment.

vijay m r

vijay m r (Querist)

14 July 2011 Hi Jayshree S Iyer

Thank You very much for your advise,

Please tell me what are the document should attach along with the Form 32 for Additional director cessation.

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

20 July 2025 Great question! Here’s a clear breakdown on the filing of Form 32 related to Additional Director appointment and cessation:

1. Is Form 32 required to be filed on retirement of Additional Director?
Yes, Form 32 needs to be filed with ROC to intimate the cessation (retirement) of the Additional Director.
Since the Additional Director holds office only up to the next AGM, when he retires on 30/09/2010, that cessation must be intimated to ROC by filing Form 32.
2. Is Form 32 required to be filed on reappointment as Additional Director?
Yes, when the same person is reappointed as Additional Director on 26/10/2010, a fresh Form 32 must be filed for this appointment.
3. So, total two Form 32 filings are necessary:
One for cessation (retirement) on 30/09/2010.
One for reappointment on 26/10/2010.
4. Documents to attach along with Form 32 for cessation of Additional Director
Board Resolution approving the cessation/retirement.
Copy of the letter of resignation/retirement (if applicable).
Any other document evidencing the cessation (e.g., AGM minutes showing retirement).
No fees applicable for filing cessation of Additional Director.

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