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Din number and appointment of director

DIN 1389 views 4 replies

CS MOHIT SALUJA

PRACTICING CS Jalandhar 9914558709

5155 Points Posted on 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.

Replies (4)

Mohammed

CS Mcom LLB

857 Points Posted on 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 Posted on 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.