Resignation by director

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K.V.Lakshmi

K.V.Lakshmi (Querist)
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16 February 2013 Dear Experts,

A director has resigned on 31/10/2012 and the BOD has accepted his resignation at its meeting held on 31/01/2013.

So for the purpose of filing Form 32, his resignation date shall be 31/10/2012 and the form will be have to be filed within 30 days from 31/10/2012.

Pls suggest am i correct or wrong.

Ajay Mishra

Ajay Mishra (Expert)
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16 February 2013 Hi

I will suggest you to please check what your company's articles says about that.

If the articles is silent, then you will file Form-32 with in 30 days from the date of resignation.

As you says, 31/01/2013 will be considered as take note of resignation of director with effect from 31/10/2012.

CS Ankur Srivastava

CS Ankur Srivastava (Expert)
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18 February 2013 In case the Board has specified any date as date of relieving such date shall be considered as date of change and form 32 need to be filed within 30 days of such date.

Otherwise, the date of change is 31/10/2012 and form 32 need to be filed within 30 days, however, after the approval of the Board of Directors.

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