Resignation of director

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Querist : Anonymous

Querist : Anonymous (Querist)

05 May 2012 Sir / Madam,
one of our director is director in one default company for non-filing of Annual Return (Annual Return is pending due to non-filing of DIN 3 as they have some internal dispute of signing and for that signature is not done on DIN 2 Form as DIN 3 is pending), as our director is in defaulter list coz of that, so we want to resign our director from that Company. but because of default that Company is cant file form 32 for resignation. and if form 32 is not file our director cant give resignation from that Company. what is the way for this situation.

other question is abovesaid default director wants to open new Pvt. Ltd. Company, as he already is in default is there is any way that he can be director in the new Company. Pls Suggest - Pratidnya

Ajay Mishra

Ajay Mishra (Expert)
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07 May 2012 Hi

For company you can use digital of other director and file Annual Return of the company and the company will automatically removed from defaulter list.

In case of director, he will not do any work unless his din-3 is not filed from concern company to MCA. After removing from defaulting list they can incorporate new company.

Regards

Querist : Anonymous

Querist : Anonymous (Querist)

09 May 2012 Ajay sir thx a lot for your advise. bt my problem is i cant file Annual report as DIN 3 is pending due to internal issues. and as DIN 3 is not file i cudnt prefill directors details in form 20B and i cudnt file Annual Return bcoz of that. pls suggest.

Ajay Mishra

Ajay Mishra (Expert)
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09 May 2012 Hi

Yes you are right, then what u r thinking to resolve the matter.

Discuss with management and file DIN 3 for the same.

Querist : Anonymous

Querist : Anonymous (Querist)

09 May 2012 there is no anyother way sir? can i file DIN 2 with 'Sd/-" insted of actual signature?

Ajay Mishra

Ajay Mishra (Expert)
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09 May 2012 No, Form2 will be provided by director not by company, so you can not do same. Please request them for the same otherwise u better know, what u want to do............

Querist : Anonymous

Querist : Anonymous (Querist)

09 May 2012 okei.. then there is no any way rather than his sign. we have to take his sign on DIN 2.

and if my director will send resignation letter to that company, then also till the filing of form 32 he will be on ROC record as director, and there is no any use of sending only resignation letter. right sir?

Ajay Mishra

Ajay Mishra (Expert)
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09 May 2012 Yes, you are right, if u have not filed DIN 3 with ROC, you can not take any further step for him with ROC.

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