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Form 32 for filing resignation submitted in 2005

ANKUR (asdfgh) (264 Points)

21 May 2013

Hi,

A Director was appointed in 2001. The physical Form 32 for appointment and the proof of its payment is available with the Company.

This Director retired in 2005 but Form 32 ( Physical) was not filed in due time. Off late, the company has realised its mistake and intends to do the late filing of Form 32. Can we file this resignation through E Form 32. Please note that the Director name does not appear in View Signatory Details. The retired Director ( in 2005) possesses DIN.

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5 Replies

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 22 May 2013

If you have not filed Form 32 yet for his resignation, how his name is not appearing in the list of authorised signatories?

Sneha (Company Secretary) (1594 Points)
Replied 22 May 2013

Login on MCA portal. Check the list of Companies in which such director is director with the DIN. Then see what is the resignation date of the director in the said company (as the director name doesnt appear in signatory details of the Company.)

Sarvesh (Company Secretary) (179 Points)
Replied 23 May 2013

If the Director's name is not appearing in the view signatory details on MCA Portal then how can you file form 32. Kindly check your annual return of the relevant year because it might be possible that such cessation could be shown through annual return.

ANKUR (asdfgh) (264 Points)
Replied 07 June 2013

Thanks Sir, I reframe my question for better understanding.

Suppose a Director was appointed in 2001 and resigned in 2005. The evidence of appointment ( Form 32) and payment receipt ( Rs. 200/-) are available with the Company. The evidence of resignation ( Payment receipt ) is not available. Thus, the company wants to refile Form 32 for retirement in 2005. It is to be noted that in those times E Filing was not available.

Neetu Agrawal (PCS) (213 Points)
Replied 08 June 2013

Dear Mr. Ankur,

This could be possible solution:

For showing his resignation to give back dated effect, first u have to file DIN2 and DIN 3, so that his name apperas in view signatory details. After that u cn file back dateed resignation by filing eform 32.