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Form 32

MCA / ROC Filings 2989 views 10 replies

Hi,

 

We had filed Form 32 for the appointment of an Alternate Director.Now,the original director is back to India and hence,the office of Alternate Director stands vacated.

Should Form 32 be filed for cessation of office of the Alternate Director?

 

Thanks in advance.

Replies (10)

Hi

 

Yes, It is required to file Form-32, regarding vacation of office under section 313 of the Companies Act, 1956.

 

Regards

Ajay

Form 32 is submitted for Particulars of appointment of managing director, directors, manager and secretary and the changes among them or consent of candidate to act as a
managing director or director or manager or secretary of a company and/ or undertaking to take and pay for qualification shares
. the alternate director holds the same power as the original director and he is not the proxy of the original director. hence in my opinion Form 32 should be filed for cessation of the office of the alternate director.

Originally posted by :Ajay Mishra
" Hi
 
Yes, It is required to file Form-32, regarding vacation of office under section 313 of the Companies Act, 1956.
 
Regards
Ajay
"


 

Agree with Mr. Ajay. There is no doubt at all.

Yes, It is required to file Form-32, regarding vacation of office under section 313 of the Companies Act, 1956.

Yes, It is required to file Form-32, regarding vacation of office under section 313 of the Companies Act, 1956.

i too agree with all the above answers...we shd file FORM 32

Form 32 is not required to be filed, since office of the alternate director gets vacant once the director returns back to the state in which meetings of the board are ordinarily held.

Hence returning to india is not the criterion for deternining that office of director gets vacant.

Opinions of Esteemed members are solicited in this regard to deternine whether office of alternate director gets vacant once the foreign director comes to india and does not come to the state in which board meetings are ordinarily held.

Warm Regards, Neha

nehajaincs @ gmail.com

yes, it is .

necessary to file Form 32.

 

Dear All,


State here mean not only India, but its respective areas of state govt.


If, BM ordinarily held in Hyderabad-AP, but Original Director returns to India and stays in Mumbai-MH, then there is no need to file the Form 32 with RoC.

I also agree with the view that Form 32 is to be filed.

Though office of alternate director gets vacated on return of original director but intimation is reqd. to be given to ROC.


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