Max Payne (employed) (2569 Points)
09 December 2009Dear Friends
Having a problem
In Feb '09 we added a person as director of a public unlisted co and filed form 32.
By mistake, we filed form 32 again in May '09 for the same person for his appointment.
Now in MCA portal , his status is being shown as additional director...
So we will be forced to retire him at the AGM.. is there a way to solve this problem?
Nikhil Kumar
(CA , Qualified CPA)
(910 Points)
Replied 09 December 2009
In my view..
The said director is not an additional director but only his name is appearing as such on the MCA portal. Thus he is not officially an additional director as per company's records.
In such a case, you should try to trace a reason as to why the name is appearing as additional dir. and just rectify the error
Suman Khurana
(ACS)
(209 Points)
Replied 09 December 2009
Hi
Please tell me that in feb., 09, you filed F 32 for the appointment of person as Additional director. In may 09, when mistakenly Form 32 is filed then what you have filled regarding the designation of that person?
Puja MOHAN
(company secretary)
(72 Points)
Replied 09 December 2009
As per my understanding, it seems you had appointed the Director before the forthcoming AGM of the Company, at the Board Meeting without obtaining Shareholders Approval.
If this is the case then the Director appointed in Feb, 09 is an Additional Director who will be regularised after obtaining Shareholders approval at the next AGM after his appointment.
In such case the form 32 (both form 32) filed would have been filed showing the designation of the person as Additonal Director, hence MCA is showing the same.
I think it has nothing to do with double filing, however if the director was appointed with approval then there must have been some error in filling of the Form 32. Check and rectify the same.
Max Payne
(employed)
(2569 Points)
Replied 09 December 2009
Thanks Puja, Hinna And Nikhil......... Will see the forms in office one more time and get back...
Thanks again for suggestions...
mukesh
(CS)
(35 Points)
Replied 10 December 2009
| Originally posted by :G.K.. | ||
| " | Dear Friends Having a problem In Feb '09 we added a person as director of a public unlisted co and filed form 32. By mistake, we filed form 32 again in May '09 for the same person for his appointment. Now in MCA portal , his status is being shown as additional director... So we will be forced to retire him at the AGM.. is there a way to solve this problem? |
" |
Hi Dont worry file form no. 67 and get the mistake rectified, you will not get your money back, the record at MCA portel will get corrected automatically. CS Mukesh Tank
Max Payne
(employed)
(2569 Points)
Replied 10 December 2009
| Originally posted by :PCS Puja | ||
| " | As per my understanding, it seems you had appointed the Director before the forthcoming AGM of the Company, at the Board Meeting without obtaining Shareholders Approval. If this is the case then the Director appointed in Feb, 09 is an Additional Director who will be regularised after obtaining Shareholders approval at the next AGM after his appointment. In such case the form 32 (both form 32) filed would have been filed showing the designation of the person as Additonal Director, hence MCA is showing the same. I think it has nothing to do with double filing, however if the director was appointed with approval then there must have been some error in filling of the Form 32. Check and rectify the same. |
" |
Hi Puja,
In the form 32, we chose the option "i have been authorised by the board resolution No __ dated __ to sign this form" instead of " i am authorised to sign this form".
Is that the problem's cause? Any way to fix it now?
Max Payne
(employed)
(2569 Points)
Replied 10 December 2009
Dear Mukesh Sir,
But this already has been approved.. now how to file the addendum???? Please tell me if there is a way.... thanks
Puja MOHAN
(company secretary)
(72 Points)
Replied 10 December 2009
| Originally posted by :G.K.. | ||
| " | Originally posted by :PCS Puja " As per my understanding, it seems you had appointed the Director before the forthcoming AGM of the Company, at the Board Meeting without obtaining Shareholders Approval. If this is the case then the Director appointed in Feb, 09 is an Additional Director who will be regularised after obtaining Shareholders approval at the next AGM after his appointment. In such case the form 32 (both form 32) filed would have been filed showing the designation of the person as Additonal Director, hence MCA is showing the same. I think it has nothing to do with double filing, however if the director was appointed with approval then there must have been some error in filling of the Form 32. Check and rectify the same. " Hi Puja, In the form 32, we chose the option "i have been authorised by the board resolution No __ dated __ to sign this form" instead of " i am authorised to sign this form". Is that the problem's cause? Any way to fix it now? |
" |
no, thats not the cause.
By designation I mean the options in the box asking the designation of the director being appointed like MD / WTD/Addtional/ alternate etc.
Its just below the box where u get option for filing details of directors appointment.
Let me know whether after feb 09 BM there has been any AGM.
Amol Gopal Kabra (CA,CS,DISA)
(Practicing CA)
(8539 Points)
Replied 10 December 2009
In the form 32 filed mistakenly, you might have selected the option for Additional director and the designation of the director has been also changed on MCA portal.
CAclubindia
