Retirement of director


This query is : Resolved 

(Querist)
15 March 2012 HELLO

I WOULD LIKE TO KNOW THAT WHAT ATTACHMENTS ARE REQUIRE WHILE FILLING FORM 32 IN CASE OF RETIREMENT OF DIRECTOR FROM COMPANY.

Ajay Mishra (Expert)
15 March 2012 Hi


You just attach letter of resignation given director on retirement with Form-32.



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Guest (Expert)
15 March 2012 Resignation letter is to be attached with form 32 if reason of cessation is resignation.

Otherwise minutes of AGM needs to be attached if reason is cessation of additional director in AGM due to non regularisation.

Jiten Gupta (Expert)
16 March 2012 Agree with Experts!!

dhaval shah (Querist)
16 March 2012 Good morning & thaks to all

I further need to know within what time period director need to give letter of resignation.

As in present case director would resigne on 18/03/2012.

And after resigation with in what period of time it should be inform to ROC (IN FORM 32)

THANKS AGAIN

Ajay Mishra (Expert)
16 March 2012 Hi

If he is resigning as director on 18/03/2012 then it is required to take letter before 30 days as a good corporate practice to file as attachment of Form-32.

The Companies Act, not specified any time limit for taking letter from director who are going to be resigned.



Regards

Jiten Gupta (Expert)
16 March 2012 E-Form 32 for resignation is filed within 30 days from his resignation!! It can be filed at later date with penalty of additional fees!!
Whenever you file E-form 32, u are require to attach resignation letter!!

As told by Ajay Ji, Companies Act is silent on Number of days in which resignation letter is delivered to company!!

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Guest (Expert)
16 March 2012 Form 32 it to be filed within 30 days of resignation of director. Director can tender resignation letter any time.

Jiten Gupta (Expert)
16 March 2012 Neha Ma'm,

How can the Director tender resignation any time?? Form 32 must contain an attachment providing evidence of resignation!!

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Guest (Expert)
16 March 2012 Obviously "any time" with reference to query replied to connotes before date of resignation. It is quite prudent to ascertain that it certainly can not be subsequent to resignation.


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