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filing of form 32

Gargi Ranade (CS) (619 Points)

13 February 2009

Hi Dear all,

Please tell me Is It rquire to file form 32 if MD is getting reappointed in Private Company .

Secondly, if yes then How should I fill it; that means can I directly fill up colums regarding appointment by directly mentioning date of reappointment or first I should mention details regarding cessation and then in the next colum in the same form Ishould fill details regarding reappointment.

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12 Replies

PRATIMA SHARMA (STUDENT) (90 Points)
Replied 13 February 2009

tell me wht type help u need regarding form 32... i m working as a cs assistant..............

i hv a knwlg abt form 32...

PRATIMA SHARMA (STUDENT) (90 Points)
Replied 13 February 2009

for MD APPOINTMENT OR REAPPOINMENT FORM 32 IS REQUIRED.

Ankit Kejriwal (Article/ Student) (297 Points)
Replied 13 February 2009

if itss a case of reappointment then the md neeed not regd to file else he need to file it....

CS Arpita Rajpurohit (Company Secretary) (1111 Points)
Replied 14 February 2009

u 1st mention details of cessation n thn in the same form mention details of appointment.

Gargi Ranade (CS) (619 Points)
Replied 16 February 2009

thanks for reply

CA. ANKUR JAIN (CA.....) (2800 Points)
Replied 24 February 2009

HEY FIRST OF ALL TELL ME DID U FILED FORM 32 ON HIS cessation(retirement)

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 24 February 2009

Dear Sir,

In case of reappointment there is no need to file form 32. In case of any change form 32 is required to be filed.

Gargi Ranade (CS) (619 Points)
Replied 25 February 2009

hi ! Ankur jain sir ,I have not filed form 32 as he never cessed to be MD we are reappointing him as his agreement validity is over ,similarly in our resolution we have alredy specified that he is reappointed for next 2 years so according to my knowledge question of cessation does not arise ; at the same time cessation column in form 32 states that it is required to be filled only when director is not reappointed after cessation ; after making enquiry regarding same with MCA ;I came to know that it is not required to any Company to file form 32 at the time of reappointment if his designation remain same and even ankur srivastava sir suggest same ;thanks to all for all support ;plese guide me if u have any diffrent opinion;

Manjunath (Accountant ) (24 Points)
Replied 07 April 2009

Hi All,

My Query is

If a director of a private limited company resign say in the month of October 2008 and the same is not intimated to the RoC vai Form-32 and the company is willing to file the same now

What is the procedure to file form 32 ?

Any interest / Penalty ?

What is the procedure for appointment of a new director ?

Thanks for one and all for your replies in advance,

regards,

Manjunath.V

manjunath.inspirer @ gmail.com

Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 07 April 2009

Hi Manju it is very simple.

You said director resign in Oct 2008, now what you have to do is fillup form-32 and click cessation column and in the bottom of the page mention the date of resignation.

No Interest no penalty. But you have to pay extra ROC fee. When you upload form-32 and collect challan it will automatically show:

1. Normal Fee

2. Additional Fee.

Procedure: Download Form-32 from www.mca.gov.in

Fill form-32 and get it certified from a PCS/PCA and upload the same on MCA site.

Appointment of new Director

1. Call a Board meeting

2. Pass board resolution to appoint your candidate As Additional Director u/s 260

3. File his Form-32 of appointment.

Regards Ankur

Ajay Mishra (Company Secretary) (74332 Points)
Replied 07 April 2009

Hi Manjunath

As per your query:

Procedure for filing of Form-32 regarding resignation of Director

1.First of all u check that ur director have DIN or not.

2.You also check that DIN-3 filed with ROC, if his or her appointment was made earlier July 1, 2007.

3. File Form-32 with additional fee to ROC as per Schedule X of Companies Act, 1956.

Procedure for appointment of new Director of PVT. Co.

1. First of all U get DIN of new Director.

2. After approval from DIN cell of provisional DIN u abtain consent letter from a person to be appointed as a director.

3. Convene a Board/General Meeting for appointment of Director.

4. File Form 32 with ROC with in 30 days from the date of Appointment of director(Board Meeting/General Meeting Date)

B.Anand Kumar (Chartered Accountant) (30 Points)
Replied 22 October 2012

Hi friends !

My query is - whether in case of a foreign director, Employment visa instead of a business visa would extend the procedures reg appointment and filing form 32 ?