If a director of company who has incorporated in the year 2000 and not filed the DIN-3 till date. But one of the director is expired in 2008. New director also appointed within one month of decease of director. Now there are two directors apart from deceased director. But for filing form-32 of new director it needs atleast two directors. DIN-3 is not filed for the deceased director. Now how to obtain DIN-2 and how to file DIN-3 ? What is the remedy ?
Dear Friend
If the director was died before giving Form 2 to companies in which he was director, the company has option to take death certificate of the died director and file with DIN 3 with ROC.
After filing DIN 3 and approved by ROC file Form-32 of the died Director. During this period if the no. of director of the company is less than quorum fixed by article, the remaining director has power to appoint director to comply the minimum no. of quorum under Regulation 75 of Table A of Schedule I of the Companies Act, 1956.
Regards
CS Ajay Mishra
Naveen Fintech Pvt Ltd
Kolkata
CA Inter
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