13 August 2009
A private limited company is having four share holders . Among them two are directors. Both the directors died in an accident. How to file e-form-32 and regularize the affairs of the company after the death.
In the above situation you have 2 options as supported by Section 169(4) and Section 186.
1. Remaining 2 members may call an EGM u/s 169(4) to appoint new directors to increase the strength of Board of Directors, OR 2. EGM may be convened by Tribunal u/s 186 to increase the strength of Board of Directors by appointing a regular Director.
As far as quorum of GM is concerned it is very much available as desired by Section-174 for a private limited company.
This answer is based on my personal understanding of law. Views of other Experts solicited.
13 August 2009
Process for filing Form 32 in cases where Director has died and regular DIN is not available
This is with regard to filing of form 32 for cessation of directors due to death, who were appointed prior to 1 st July, 2007 and had not obtained approved DIN
1. Please send an email to appl.helpdesk @ mca.gov.in furnishing following details under heading – 'Form 32 – death case, No DIN'
a) Name of the company (in which the individual was a director)
b) Name of the deceased Director
c) Date of birth
d) Date of appointment as Director
e) Date of filing of Form 32 for appointment
f) Date of death (along with certified copy of death certificate issued by competent authority)
g) e-mail address of the company
2. Upon receipt of email, MCA Helpdesk will check and consider the information submitted and if found satisfactory, MCA Helpdesk will intimate the status/ outcome of the ticket to the stakeholder. If MCA Helpdesk needs additional information from the stakeholder, he will send an email to the Company accordingly.
3. Upon receipt of approval email from MCA, stakeholder will be required to file the form directly with the concerned ROC along with - signed form 32, necessary attachments, and a copy of approval e-mail and proof of payment of filing fee, with the respective ROC office. Filing Fee will be paid through ' Pay Miscellaneous Fee' option on MCA portal.
4. ROC will process / approve the form, scan the physical form 32 along with its attachments and upload the same in the electronic records of the company through 'On Demand Scanning' option.
5. ROC will update the relevant records/ data of the company accordingly.
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