Regularisation of additional director to director
This query is : Resolved
06 September 2013
Sir,
I have a query if in a company only two directors, and both are additional director.
In AGM it is compulsory to regular them, because their term is only upto AGM.
Now, can I file single form 32 or 2 form 32 for both the additional directors, As no person can sign his own Form 32.
I have a query if in a company only two directors, and both are additional director.
In AGM it is compulsory to regular them, because their term is only upto AGM.
Now, can I file single form 32 or 2 form 32 for both the additional directors, As no person can sign his own Form 32.
Ajay Mishra
(Expert)
06 September 2013
Hi
I will suggest you to call EGM before AGM and regularise both additional director and file single Form-32 for the same.
Procedure for Regularisation of Additional Directors.
1. Call a Board Meeting for proposal of regularization of director
2. Hold a Board Meeting and call general meeting.
3. Hold a General Meeting for passing of resolution under section 257 to regularize the additional director.
4. File Form-32, with ROC, of change in position of director attach certified copy of shareholders meeting.
5. Take entry in Minutes.
I will suggest you to call EGM before AGM and regularise both additional director and file single Form-32 for the same.
Procedure for Regularisation of Additional Directors.
1. Call a Board Meeting for proposal of regularization of director
2. Hold a Board Meeting and call general meeting.
3. Hold a General Meeting for passing of resolution under section 257 to regularize the additional director.
4. File Form-32, with ROC, of change in position of director attach certified copy of shareholders meeting.
5. Take entry in Minutes.
06 September 2013
Sir, If we regularise them in AGM then it will ok.
Also if both directors are additional director then two separate form 32 will file. Because in that case who will sign the form.
Also if both directors are additional director then two separate form 32 will file. Because in that case who will sign the form.
Ajay Mishra
(Expert)
06 September 2013
Yes it will be ok. Only file one Form-32 and signed by any director. In that case appointing director DSC will be accepted by MCA.
06 September 2013
Sir, but my question is that:
In company only two directors,
both are additional directors,
if I fill one form 32 regularising both the additional director then who will sign the form.
Can any one additional director from both can sign this form.
Because it is mentioned in form 32 that
"in case of an existing company, person signing the form should be different from the person in whose respect the form is being filed".
In company only two directors,
both are additional directors,
if I fill one form 32 regularising both the additional director then who will sign the form.
Can any one additional director from both can sign this form.
Because it is mentioned in form 32 that
"in case of an existing company, person signing the form should be different from the person in whose respect the form is being filed".
Ankur Garg
(Expert)
06 September 2013
I would advise you to try filing single form 32 with sign of one director.
In case of failure file 2 form 32 with different signatures. Your case is a bit exceptional. I am hopeful that single form 32 will do.
In case of failure file 2 form 32 with different signatures. Your case is a bit exceptional. I am hopeful that single form 32 will do.
Ajay Mishra
(Expert)
06 September 2013
Both director is already in signatory list of your company as additional director so you can use any director signature for Form-32.
This problem came when you are appointing a person as director of the company first time and who is very much possible that he is new director and whose name will not be signatory details on MCA portal.
This problem came when you are appointing a person as director of the company first time and who is very much possible that he is new director and whose name will not be signatory details on MCA portal.
Message likes :
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06 September 2013
Ok, so, single form 32 for both direcotrs.
Thank you very much sir.
Thank you very much sir.
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