resignation of company secretary

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CS Ashish Jain (Querist)
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07 June 2010 A person who was working as a Company Secretary in a public company resigned from the job 2 months back but due to some disputes between the management and CS company has not filed the form 32 for his resignation.

Now he has joined the another company and wants file form 32 for his new appointment. my question is whether he can file the F-32 for his new appointment since the F-32 is not yet filed for his cessation from the old company.

if it is not possible to file F-32 for new appointment than what options are availble for the cs if old company not ready to file F-32 for his cessation.

CA V. Mohanakrishnan

CA V. Mohanakrishnan (Expert)
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08 June 2010 please send a communication to the Company alongwith a copy of the resignation letter (hope is already acknowledged by the Company) along with a copy to the concerned ROC, asking them to file F32 and send a copy to the person.

CA.Pujah

CA.Pujah (Expert)
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08 June 2010 Agree with above. Just like to add that the obligation to file Form-32 is on the company & not CS, so he need not worry, it's a default on the part of prev company

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