Resignation of director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

22 January 2012 1. Whether resignation by an independent director is required to be approved in the next board meeting after resignation?
2. Can the Form 32 be filed before such Board Meeting?
3. If the director intimated his resignation through email, can the copy of the email be attached with the Form 32 or a letter duly signed by him is required to be attached?

Please advise.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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22 January 2012 1) Not required to be approved. Retirement shall be effective from the date intimated in the resignation letter.
2) Yes. The form 32 can be filed before board meeting provided a person is already duly authorized to file the forms with ROC, otherwise it can only be filed after BM in which such authority is given.
3) A formal letter duly signed by him is required to be attached, as per my understanding.

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Charu Srivastava

Charu Srivastava (Expert)
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22 January 2012 The Resignation date will be the date on which it is tendered.Board meeting is not required to give effect to the resignation.It is just taken on record on BM.

The date of filing of Form 32 shall be the date of resignation.

copy of e-mail can be attached in the form of pdf.

others vies are solicited.

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Querist : Anonymous

Querist : Anonymous (Querist)

23 January 2012 Thank you. Form 32 can be filed within 30 days of the date of resignation. In case no person is authorised for filing the form then we have to wait till the Board Meeting and if the date of Meeting is beyond 30 days from date of resignation, then while filing form 32, we'll have to pay additional fees also. Please confirm.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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23 January 2012 Yes then you will have to wait till board meeting and consequently will have to pay additional fees also for delay in filing form 32

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Charu Srivastava

Charu Srivastava (Expert)
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23 January 2012 you can conduct the board Meeting, take the resignation on record and file form 32.

Charu Srivastava

Charu Srivastava (Expert)
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23 January 2012 you can conduct Board Meeting as and when required.There is no restriction as regard to the frequency of Board Meeting.

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Charu Srivastava