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Din query

B.Aruna (Practicing Chartered Accountant) (84 Points)

31 December 2011

Hi Friends,

Pls Carify me the following doubt, most urgent from client side.

Our Client, Whose pvt ltd co., incorporated on 24/03/2006, that time two directors formed that company.

Now, They came to us, asking to file DIN for them.

I applied DIN1 & got it. The next step, i was confused whether to do DIN3 or Form32 filing ah?

However, they are the exisiting directors as well as the Board.How can i draw consent letter? Which date will be consider as appointment date for them?

Board resolution for appointing them is required or not?(because they are inbuilt the board right)

I struck up in the consent letter & board sesolution only.

pls clarify me, Thanks in advance for ur valuable suggestions.

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7 Replies

(Guest)

you can appoint a new director of that company only by filing form 32.

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nidhigoel89 (Company Secretary ) (594 Points)
Replied 31 December 2011

Hello,

I dont think that any BR is required as their name are appears as first directors in AOA of the company. You can obtain consent letter from the directors.

Rest i will ask you to file DIN 3 as Form 32 was filed already at the time of incorporation.

Regards

Nidhi

(Guest)

Please Clarify this for me also.

Recently our CA had file form 32 for appoint a New director (already had a DIN Number) in an existing company and after 10 days of filing form 32 the new director are listed in the existing Company.

DIN 3 Requirments was withdrawn from july 2007 and the new E Form 32 takes care of DIN 3 Requirments. please vistt MCA Website.

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nidhigoel89 (Company Secretary ) (594 Points)
Replied 31 December 2011

Hello,

Yes i am aware that din3 is withdrawn in 2007, but as the director was thr since 2006 and at that time u can easily file din 3 for updation of directors details on MCA.

As far as question of form 32...... i want to say that there is no new appointment in company and at the time of incorporation u already file form 32.

So, as per my knowledge only din3 is required and no need of form 32.

Regards

Nidhi

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(Guest)

Originally posted by : nidhigoel89
	Hello, Yes i am aware that din3 is withdrawn in 2007, but as the director was thr since 2006 and at that time u can easily file din 3 for updation of directors details on MCA. As far as question of form 32...... i want to say that there is no new appointment in company and at the time of incorporation u already file form 32. So, as per my knowledge only din3 is required and no need of form 32. Regards Nidhi

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 31 December 2011

Dear Aruna, Dushyant and Nidhi, Ms. Nidhi is very well right taht the AOA of the company state that the Directors are in the board but after MCA21 came into existence, the requirement of DIN 3 is mendatory to let the names of the Directors shown on the MCA portal. As Dushyant is saying that file Form 32 for appointment, its not possible just because when you will file the form 32, the E Form will not be uploaded as the presecruitny error will be there "DSC of the Director is not associated with DIN of directors whose digital signatures are affixed" means you will have to register the DSC of director which is possible only when the names of Directors are appearing on the MCA portal and names will appear only when you will file DIN 3.

So in this case obtain the DIN 2 from the Directors and file the DIN , the names will appear on teh MCA portal and the company may proceed for annual filing.

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