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Din number and appointment of director

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)

02 February 2012

Dear Friends, I have one query. A person was appointed as director in January 2011 but the DIN was not available and the company did not take any action to File Form 32 in absence of DIN. Now as the DIN has been obtained. Can we file the Form 32 along with the Additional Fees?

Thing to keep in mind is that when the director was appointed the DIN was not appointed and has been obtained after a year later in January 2012.

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4 Replies

Mohammed (CS, Mcom, LLB) (852 Points)
Replied 02 February 2012

You have appointed the person on the board without DIN number that is fine no issue at all.. File Form 32 now as per the date of appointment..

Other views are solicited

(Guest)

Pls read proviso to section 253 which says that -

No company shall appoint or reappoint any individual as director of the company unless he has been allotted DIN u/s 266B.

Hence appt made in Jan, 2011 is void and ultravirus the Companies Act.

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 02 February 2012

So what can we do in this regard. As DIN was not able to acquire due to some un avoidable reasons

(Guest)

Appoint him from date subsequent to obtaining DIN.

In case your no of directors fall below min required then appoint some one as director in back date and get him resigned after appointing aforesaid director to correct defect.