Resignation of director form 32

MCA / ROC Filings 5132 views 5 replies

Donna

Service

27 Points Posted on 23 September 2012

Dear All,

I have resigned from the Company 4 years back but my name is still showing on the director list , it seems the company has not filed Form 32. How can I submit Form 32 if the company is not willing to do so. I am worried as this might include my name in the defaulters list .

How can I personally submit Form 32 ; also do i need to appoint an independant CA/CS who will file on my behalf. Please help as this is quite urgent.

Thanks in advance

Replies (5)

CA.Ankur Khandelwal

Owner

281 Points Posted on 23 September 2012

Director responsible for his acts done till the date of his resignation. All acts done till that date, i.e, date of his resignation, director however not liable for acts done after his resignation.so you need not to worry abt dat... and not need to fill form 32. only inform to MCA regarding that

Donna

Service

27 Points Posted on 23 September 2012

Thanks for ur reply... but that is my worry how to inform the MCA .. do i need to appoint a CA or CS for that or simply send my accepted resignation letters to them.

please guide

Donna

Service

27 Points Posted on 23 September 2012

Do i need to hand deliver cause how to get the acknowledgement that i have informed the MCA ..

please help

CMA. CS. Sanjay Gupta

"PROUD TO BE AN INDIAN"

114245 Points Posted on 24 September 2012

Once a resignation letter is submitted to the Board, the date on which the intention to relinquish post is communicated to board would be the date from which the director ceases to be a director of the company. [Mother Care (India) Ltd. v Prof. Ramaswamy P. Aiyar (2004) 51 SCL 243 (Kar)]

Resignation of a director must be addressed to the Company. Letter of resignation addressed to third party shall have no effect. [Registrar of Companies v Orissa Paper Products Ltd. (1988) 63 Comp Cas 460(Ori)]

In Dushyant D Anjaria v Wall Street Finance Ltd. (2001) Comp Cas 655 (Bom), the court held that the resignation of a Director would be effective from the date it was submitted, for the reason that the letter brings out clearly the intention of the person to resign. So far as the formalities like filling up Form 32 and sending it to the Registrar of Companies were concerned, it was for the company to comply with them in conformity with the provisions of Sec. 302 or Sec. 303 of the Companies Act. Where there was delay or negligence on the part of the company in intimating the Registrar about the date of resignation, the Director who had resigned could not be saddled with responsibility and liability for such delay.

Donna

Service

27 Points Posted on 24 September 2012

Thank you for your reply but if their is a court case , the director will also be called upon as his/her name is still showing on the ROC record. This has become a peculiar case where the director has long ago resigned but since form 32 is not submitted he is being hassled into all this.

What would be the process in this case......pl let me know.