Hi Friends,
I am acting as one of the first directors in a private limited company. I acted as a director in that company as at that time I was working with an audit firm and hence for administrative convenience like signatures etc my employer suggested me to act as a director till the company is formed and later resign as director. The company has two directors including me.
After the company is formed, I had to quit my job at the firm due to some reasons. At the time of my leaving the firm, I handed over my resignation letters to the company and my audit firm (my audit firm is the statutory auditor of the company) physically, to choose another person as a director and file my resignation with the ROC. All this happened around 2.5 years ago.
Till date, the company has not filed my resignation as director with the ROC. I have been following up with the company and the statutory auditors to appoint another person as director and file my resignation but they are not responding or filing my resignation with the ROC.
The only evidence that I have with me is the e-mail conversations which i have been sending to the company and the statutory auditors for my resignation.
Further, the company has defaulted in filing the annual accounts and annual returns. It has been 2 years since the company is incorporated and the company has not filed its annual accounts or any other returns till date. However, the filing status is still active in the mca portal.
Can any of you suggest the available options for me? Should I approach the ROC and explain my case? or what can be done by me to get the Form-32 filed with the ROC. Please help. Thanks a lot for all your time and help.
CAclubindia
