Regarding Form 32 filing using new Director's DSC

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This query is : Resolved

Guest

Guest (Querist)

05 July 2010 Regarding Form 32 filing using new Director's DSC

ABC Private Limited is appointing X as Additional Director.

Company has already two existing directors. Only One director was having DSC and his DSC got expired and he was not intending to do the renewal.

Now, the company proposing X as Additional Director, who has got the DSC.

Query

Whether X can use his DSC and sign Form 32 for his appointment and file with MCA.

Though I am sure that X cannot use his DSC and sign Form 32 for his appointment and file with MCA, I need the Experts views out of their experience earned on the above matter.

I shall wait for the views of the Experts.

Rasesh

Rasesh (Expert)

05 July 2010 You are correct in you view. The escape route is that the resolution appointing the new director should also give him the authority to digitally sign the Form 32. This resolution should be signed by the other two directors. I am not sure whether this escape route will work in all cases.

DR GAURAV GUPTA FCA, FCS, LL.B

DR GAURAV GUPTA FCA, FCS, LL.B (Expert)

05 July 2010 it is not possible for the aditional director to appoint himself as director by using his own signature it is legaly logical nobody can appoint himself as director by using his own signature except incorporation however if all existing directors physicaly consented for this then it can be done but it is totaly depend on roc discretion

Rasesh

Rasesh (Expert)

05 July 2010 As I had opined earlier, depends a lot on ROC officials. However, if no other option is possible, you can take risk and go ahead as I have stated in my earlier post.