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Form 32

Y Singh N Rajput (Management Consultant) (26 Points)

19 April 2009

I had resigned from the directorship and Form 32 wasduly filed. Mischieveously with fraudulent intent someone removed the form -32 from the ROC record. The Annual Reports, however, subsequently continue to show me as a director. Can someone help me know my actual status in the Company?

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9 Replies

Vineet (Professional) (30 Points)
Replied 19 April 2009

According to me you need to hire a lawyer

and a auditor who can try and solve your problem

Spyshop

Pavan Jain S (Chartered Accountant) (1575 Points)
Replied 20 April 2009

There is no provision under the Companies Act, 1956 relating to resignation by directors. A director can resign by giving a notice of his intention to resign, subject to the provisions contained in the AOA of the Companies. Once he has complied with the procedures of AOA, if any, relating to resignation or he has tendered a letter of resignation clearly specifying his intention to resign, his resignation becomes effective.

THERE IS NO OBLIGATION ON THE PART OF RESIGINING DIRECTOR TO INTIMATE ROC OF HIS RESIGNATION. IT IS THE DUTY OF THE COMPANY TO FILE REQUISITE FORMS WITH THE ROC.

Since your name is included as director in the annual report, you can send a letter to ROC along with evidences to show that the company has been notified of your resignation.

Gargi Ranade (CS) (619 Points)
Replied 20 April 2009

Hello sir!

Sorry but I really dont understand how can somebody fraudulantly remove form 32 from ROC records as per my knowledge it is highly impossible to do such thing ! It may be case of non-filing of form !do you have challan details of that form 32 ; you can check your status through role check facility available at MCA site ;

Did you have acknowledged copy of your resignation or atleast certified true copy of Resolution passed for accceptance of your resignation,as a matter of fact once resignation is accepted Director can not be held responsible for non -filing of documents so you need not required to worry ! I agree with veiws of Mr. Pavan jain Sir, but please make it sure from co. records that form was filed to avoid complications and advice Co. to file form.

Try to intimate ROC along with proofs as mentioned above .

Sweta jain (CS) (51 Points)
Replied 20 April 2009

I AM SATISFIED WITH WHAT GARGI HAD SUGGESTED U

Ajay Mishra (Company Secretary) (74332 Points)
Replied 21 April 2009

Mr. Rajpal

First of all thanks to gargi for giving such kind of reply.

As You are saying that you had filed Form-32 with ROC and you also said that someone with fradulent intension removed Form-32 regarding resignation of director from ROC records and your Annual Return show such resigned director as director.

I think there are two compliance to ROC first of all filing of Form-32 and secondly Annual Return in Form-20B with current position of your director at the time of AGM. First of all u ensure that u have checked Form-32 approved by ROC, if Form-32 is approved by ROC then your company director status is autometically updated at different categaries on MCA portal and secondly u can filed revised Annual Return with ROC with additional fee to update record of your company with MCA portal.

Regards

Ajay