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Removal of first director

sudheendra madhyastha (articled assistant) (24 Points)

11 March 2013

Hi My query is regarding removal of First director, One of our client which was incorporated during 2005-06, They have mentioned Mr X as a director in AOA, subsequently they haven't mentioned Mr X details while filing form 32. therefore his name is not reflecting in the Signatory details which is available in MCA website. Now my query is, do I have to file Form 32 inorder to remove Mr X. If yes then what is the procedure to remove because this person doesn't have DIN number.

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4 Replies

Sneha (Company Secretary) (1594 Points)
Replied 12 March 2013

A person named in article as director is not sufficient to be director in the eye of law. He must take a DIN no and file form 32 for the same.

In your case, legally he is not the director of the Company, so ques of removal doesn’t arise at all.

Dhruvi N suthar (Account Executive) (303 Points)
Replied 26 June 2013

Hello

Director can be counted as director only if they are having DIN No & Even Application for obtaining Din no would be sufficient enough for obtaining directorship of any company

If Application for the same has been made then Form no 32 has been filied regarding removal Of Director.

umaa's legal clinic (simple solutions for complex legal issues) (165 Points)
Replied 26 June 2013

Dear Sudheendra,

Assuming the company is a private limited company: (I assume because one third of directors of public company retires by rotation and as such the director would have tobe ceased to be director as he holds directorship since the incorporation by virtue of section 256(2))

1. your client was incorporated prior to introduction of efiling.

2. Your client had filed form 32 prior to Companies( Director Identification Number) Rules, 2006 came into force.

3.Get DIN and proceed further.

4. A director need not be removed from his directorship only for the reason of not having DIN.