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Din number and appointment of director


CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709)     02 February 2012

CS MOHIT SALUJA
PRACTICING CS Jalandhar 9914558709 
 198 likes  4638 points

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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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Mohammed (CS, Mcom, LLB)     02 February 2012

Mohammed
CS Mcom LLB 
 85 likes  832 points

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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

 

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Neha Jain (Company Secretary)     02 February 2012

Neha Jain
Company Secretary 
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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.

avater

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709)     02 February 2012

CS MOHIT SALUJA
PRACTICING CS Jalandhar 9914558709 
 198 likes  4638 points

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

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Neha Jain (Company Secretary)     03 February 2012

Neha Jain
Company Secretary 
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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.


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