Incorporation of company

Pvt ltd 862 views 5 replies

While incorporating a company there was a problem in one of the director's data. The name of the company was approved now the incorporation is under hold.

Can we change that director and take resignation from that director and appoint new director so as to incorporate the company.

Replies (5)

dear neerajji,

yes u can resubmit form 32 with new directors detail and letter or application explaining your condition as optional attachment to that form,

wait for other experts to reply....

Mr Neeraj:

You can re-submit forms only when it is mentioned by ROC & not otherwise.

If you can be specific what is the problem in one of the director's data, then better & appropriate solution can be provided.

To make any changes in  that director and take resignation from that director and appoint new director so as to incorporate the company, you need to take a no objection certificate.

Regards

 

 

 

I agree with Neeraj, you cannot re-submit unless asked by ROC TO do so.

As per the query mentioned, the incorporation of the company is on hold. Now as there is a preoblem in director's data, then you can follow the following options.

1) if the mistake is in director's personal data, but the same person needs to be appointed as director than you can change the details of director  by filing DIN-4  and then do the incorporaion.

2) if the mistake is that you have mentioned some other person's name as director rather than the one you intended to in Form 1A, then you can do the incorporation with the directors's you want to and attach a NOC form from the director's named in 1a by mistake annd whose names are not included in incorporation filing.

You can take a NOC from the director and file a fresh form 32.


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