Form 32

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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?

Replies (9)

According to me you need to hire a lawyer

and a auditor who can try and solve your problem

Spyshop

 

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.

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 .

 

I AM SATISFIED WITH WHAT GARGI HAD SUGGESTED U

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

We have pvt ltd comapny in which two directors resign

pls let me want to know is the process for comliance to ROC

Regards

Ajit Dalvi

 

Resignation of Director
 
There are following procedure for filling of document with regard to resignation of director:
 
1.                  Check DIN-3 of such director are already filed with ROC
2.                  Download Form-32 from www.mca.gov.in 
3.                  Fill up the form -32 and attached copy of resignation of director
4.                  Upload Form-32 with www.mca.gov.in
5.                  Make payment of Challan
6.                  You must check whether form is approved by ROC.
 
 
Best Regards

how to reprint form 32 / form 18

sir plz give mi information how to download fron 32 from roc fully procedure my company allredy registered 


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