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Penalty for not Filing DIN2

Sanjay Vyas (Mgr) (24 Points)

24 July 2009

What if one of the Director does not file DIN2 for quite some time. After few years he resign. The board accepetd his resignation letter. The borad has also sent him so many reminders for filing DIN2 so that the company can file his form 32.

What is the remedy in this case. What we can do?

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Ajay Mishra (Company Secretary) (74332 Points)
Replied 24 July 2009

Dear Mr. Sanjay

This is normal situation in most of companies that the director had not send DIN 2 to the company and the company is not able to file DIN 3 with concern ROC.

In this situation, you will file up DIN 2 and send the concerned Director to sign because of mandatory requirement of MCA, before the date of his resignation and file DIN 3 with ROC with additional fee as per Schedule X of the Companies Act, 1956. After approval of DIN 3 with concern ROC you will file Form 32 for resignation of the concerned director with ROC.

Regards