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Signing of Form 32

CS Ekta (Company Secretary) (309 Points)

22 June 2010

Hi,

The existing 2 Directors of a Pvt Ltd Co. have resigned and the 2 new Directors are being appointed. Form 32 can now be signed by one of the retiring Director in respect of all the Directors?

Regards

Ekta

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8 Replies

Priti (Company Secretary) (96 Points)
Replied 22 June 2010

Retiring Director can only sign the form. The Directors which are subsequently appointed cannot sign the form.

Other views are solicited.

Regards,

Priti

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Ankur Garg (Company Secretary and Compliance Officer) (114773 Points)
Replied 22 June 2010

As per my understanding form 32 should be signed by new director. Reason of my understanding is quite simple presuming that appointment and resignation is simultaneous as far as date is concerned ---At the time of filing of form-32 composition of board has technically changed.

However if resignation is subsequent to appointment then form 32 can be signed by existing directors.

Thanks

Jaya Gurnani (Employment) (30 Points)
Replied 22 June 2010

Hi..

As per my understanding the e-form has to be signed by the directors who has resigned because MCA system will not allow to affix the digital signature of new directors as their names are not appearing in the MCA portal as the Directors of the Company.

Others views are also solicited.

Thanks and rgards

Jaya

Nitin Grover (CS) (1228 Points)
Replied 23 June 2010

Dear Ekta

Retired Director can not sign on the form if the form has been filled for retiring

New Director (till becoming director) can not sign on the form because yet he is not authorised to sign under any act.

the director has not retired or going to retired can only sign the form.

Regards

Khushboo Maheshwari (Company Secretary) (548 Points)
Replied 23 June 2010

As per my opinion the Form 32 should be signed by retiring director. To quote an example - C and D have been appointed as new directors on June 1, 2010 and A and B (existing directors) resign on June 2, 2010, so any of A and B are only eligible to file form 32 as MCA system wont allow C and D (whose names do not appear in director list of the Company) to file form 32

Regards

Khushboo

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(Guest)

In any company first the Appointment of Director is done and then after the Resignation of all the Director has been done.

But when you want to file the Form 32 on the MCA, then you must check the system complexity of the MCA also and as per the MCA System only the existing director can sign the E-Form the Company and not newly appointed Directors can sign.

So, In your case the Form has to be filed by one of the retiring Director.

---------------------------------------------------------------

Ankur Shah (Practicing Company Secretary)

Ahmedabad, Gujarat - 380015

Mobile: +91-90330 03922, 94276 33901

E-Mail: ankur @ csankur.com

Website: www.csankur.com

Blog: www.csankur.blogspot.com

DALBIR (PARTNER) (21 Points)
Replied 18 August 2010

Hi everyone

Can anyone help me by solving my problem which as under:

"There were two directors in a pvt ltd comapny. Unfortunetly both were died in a road accident. How form 32 for newely appointed directors can be filed under MCA?" As there are no authorised signatory under MCA system.

CA Dalbir Singh