Vacation of office of Director

 Dear All,

 Please enlighten me, 

Removal of Disqualification Director:

 Pursuant to section 283 (1) (g) a director absents himself from three consecutive meetings of the board of directors, or from all meetings of the board for continuous period of three months, which ever is longer, with out obtaining leave of absence form the board.

 As per section 283 (2A), aforesaid reason is deemed to be disqualification for a person to be act as a director.

 I am of the opinion, the company may file the application to MCA through e-form DD-C for remove a director due to disqualification u/s 283(1)(g) and 283(2A) similar to the section 274 (I don’t know exactly it’s correct way). 

To Mr. Vannan,

Your case is a case of deemend vacation from the office of director. Calculate the exact date of vacation for the purpose of form 32.

File form 32 with ROC for vacation of office. Also attach a board resolution regarding noting of deemed vacation with form 32.

Regards

To Murali,

Your plan seems to be fine. But when you file form 32 u/s 283 attach board resolution for noting of deemed vacation.

If you need that resolution then let me know.

Regards

To Ankur Garg,

The Form 32 can't be filled or filed without DIN, Kindly provide if there is any alternative route for filing  form 32 without DIN.

 Dear Mr. Muralidharan and Mr. J. Manivannan

Your company is violated and liable to contraventions of all the below sections:

 According to section 266A, every director appointed before the commencement of the Companies (Amendment) Act, 2006, shall make, within sixty days of the Commencement of the said Act, such application (obtaining DIN) to the Central Government.

As per section 266B the Central Government shall, within one month from the effect of the application under sec 266A, allot a DIN to an applicant.

Further to sec 266D says every existing director should intimate his DIN number to the company within 30 days from the date of receipt of DIN number allotted u/s 266B. (form DIN 2)

 As per Sec 266E (1) every company shall within one week of the receipt of intimation u/s 266D from its directors, shall inform to ROC through Form DIN 3.

 Penalty under section 266G

 Every individual or director or the Company, as the case may be, who or which, is in default, shall be punishable with fine upto Rs. 5000/- and where the contravention is a continuing one, with a further fine upto Rs. 500/- for every day after the first day from which the contravention continues.

 In my opinion your Company and its director are liable u/s 266G, you should apply for compounding the said offences to concerned authorities (ROC or CLB).

 And your directors shall vacate the office from the Board u/s 283 (1)(g) if they are continuing after the said violation and they are liable to pay penalty      u/s 283, fine upto Rs. 5000/- for each day  and his acts shall be unauthorized acts and consequently shall not bind the Company.

 I think you may apply to CLB u/s 402 against disqualification of directors.

dear all,

i m also having the same query bt here in a public limited company there are only three directors also all the three are the first directors signing to the memorandum implies the one missing is one of the first directors and also he has not attained DIN No. :

my query is :

1. if i can adopt the same procedure as pronounced by Mr. Muralidharan.

2. if not what shall be the idea of resolving.

3. what if we appoint an additional director and then remove the one missing.

plz reply....

regards..

karan gandhi

hi Murali, Ankur,

I have the same problem of filing form 32 of a Director who's not in good terms with the other directors of a company. He's not in communication with the company nor does he attend the meetings. Because of this, no DIN is filed and he is not shown as a director at MCA portal, however, he was appointed at the time of incorporation. We have passed a resolution vacating him as a director as per Sec 283. I would like to know if you were able to file form 32 in paper and attach the scanned copy with the resoluiton?

Please let me know if that would be acceptable to ROC,

Many thanks,

Raj

No, Rajkumar You shall not have option to file form in Physical mode after the Launch of MCA21.

Dear Mr.Rajkumar

This is regarding your query regarding filing of Form 32 for a director who is not in communication with the company and who has not obtained DIN as mandated under the Act. I request you to kindly go through the circumstance faced by me and my plan of action as mentioned in the CA club portal.

It is not possible to file the Form 32 physically. Hence I opted to scan and attach the same with Form 20B (Annual Return form) and upload the same into MCA portal. Fees for Form 32 was paid by me under Miscelaneous route. I also kept a covering letter addressed to ROC detailing all the facts. This letter was attached with Form 20B. Since Form 20B is taken on record under Straight Through Process Method, so far I have not faced any notice from the department.

Unless I know your case fully I am not in a position to comment further on this issue.

with regards

Muralidharan

Dear Ankur Sir , 

Pls mail me the BR for deemed vacation u/s 283 ( 1) ( g) of CA, 1956 

Regards 

Pooja 

poojavcs @ gmail.com 

Dear Ankur Sir , 

Pls mail the BR for deemed vacation u/s 283( 1) (g) of CA, 1956. 

Regards 

Pooja 

poojavcs @ gmail.com