Form 32 for cs appointment

MCA 596 views 2 replies

This query relates to a friend of mine. He is the CS of a unlisted public company. He has resigned from his job currently and is joining another company as CS. His resignation is accepted by his head of department. His present company has not filed Form 32 regarding his resignation yet and will be filing it at a future date when the Board Meeting is held or even if they show a BM now, they will be filing form 32 after some time. Till then MCA website will show him as CS of that company.

The question is that can the new company where he is joining file Form 32 of his appointment now, considering the fact that he is already shown as CS of a company in the MCA site. This could lead to a situation where a same person is the CS for two different companies for some time. Please advise.

Replies (2)

Dear Sumit,

As far as i think, your friend can fill the form 32 himself and need not wait for the company to do so.

Experts comments are requested.

Regards,

Aditya

Filing of Form 32 for appointment in the new Company is not possible before filing Form 32 for resignation from the old Company.

He himself can not file the Form 32 as he might not be having DSC of any Director of the old Company.

In case the old Company is not filing Form 32 for resignation, he can go to ROC and show the resignation letter as approved by Board. ROC will surely provide the re-course action.


CCI Pro

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