Resignation of director


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Querist : Anonymous

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Querist : Anonymous (Querist)
26 August 2013 Hi,

A company has filed form1a.The director who has certified the form1a has resigned prior to preparation and upload of form 1,18 &32. So should he be included in the MOA and AOA and what is the procedure to be followed for removing him

Ajay Mishra (Expert)
26 August 2013 Hi

If the director or/and promoter whose details has been filed in Form-1A and name has been approved has not intended to become a director or/and promoter then the applicant has option to take NOC from the retiring and existing proposed director or/and promoter regarding they have no objection for adding new directo or promoters and the same NOC will be attached with Form-1 and Form-32 and filed with ROC.

Ajay Mishra (Expert)
26 August 2013 Hi

If the director or/and promoter whose details has been filed in Form-1A and name has been approved has not intended to become a director or/and promoter then the applicant has option to take NOC from the retiring and existing proposed director or/and promoter regarding they have no objection for adding new directo or promoters and the same NOC will be attached with Form-1 and Form-32 and filed with ROC.

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Querist : Anonymous

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Querist : Anonymous (Querist)
26 August 2013 There wont be any director in place of the director resigned. There were 3 directors but one has resigned and there would be no replacement.So what would be the procedure?

Ajay Mishra (Expert)
26 August 2013 Hi

My dear, until the company is not registered it will not be treated as resignation, because appointment has not been maid.

You can so, out of three proposed directors one director has intended to not being a director of proposed company.

Ajay Mishra (Expert)
26 August 2013 Hi

My dear, until the company is not registered it will not be treated as resignation, because appointment has not been maid.

You can so, out of three proposed directors one director has intended to not being a director of proposed company.


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