14 August 2008
we want to remove a direcor of a pvt. ltd. company but we don't have the DIN of that director and for some reasons we can not obtain the DIN. as per the company law we have to file form no.32 in case of removal of a director and which requires the DIN. so is there any way to remove the director where we don't need to file form no.32 or without obtaining the DIN.
14 August 2008
Whether have you file previously the details of appointment of director who is now removed. If not, then there is no need to file Form 32 for removal that director.
Bcoz, in Company Records, his name is not exists then there is no need to inform the removal of him from the list of directors of company.
14 August 2008
yes we have sent to the ROC the details of his appointment. he is a director of our company for last 12 years but the concept of DIN came in existence recently. the said director is now out of india and we don't have his Id and Address proof.
14 August 2008
If you have send his details of directorship and he is a director for last 12 years, then there is no other way to remove him from directorship except Form 32. But it seems that if you don't have his or her DIN, then you may not have filed DIN 3 also. Just clear me whether you have filed form DIN 3 or not for all the directors. If yes, then you would have given the information of all the directors. But you can get DIN for the director outside India. There is a separate procedure for that.
14 August 2008
we have not filed the DIN 3 for that director and the problem is that we don't have his id and Address proof to obtain DIN and even we don't have any contact with him.
14 August 2008
Dear Ruchi. Your case is little complicated. Pls provide me some time to tell you the practical solution for this, because i am not exaxtly sure about the legal provisions in this regard.
CAclubindia
