Resignation of company secretary

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CS Vidhya (Querist)

04 January 2013 Dear Friends,

I have two doubts regarding resignation of Company Secretary.

a).Whether the resignation letter is mandatory to attach in E form 32
b). When is the effective date of resignation either on the date of resignation letter or else date of acceptance of the board.

It is quite urgent kindly help.

I have another doubt regarding EGM Notice.

Whether it is mandatory to place EGM notice in the board.

Regards,
Vidhya

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)

05 January 2013 Since the Company Secretary is appointed by the Board, his resignation is to be accepted by the Board formally in order to be effective. Therefore, resignation of a CS will be effective only from the date of its acceptance by the Board and not from the date of resignation.
The notice of EGM is required to be placed and approved by the Board before it can be circulated among members.
Evidence of cessation is required to be attached with Form 32. Therefore, it would be better to attach both resignation letter and its formal acceptance resolution by the Board.

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