resignation of director not filed

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 February 2010 dear experts,

my company had three directors in 2005, it is a pvt. ltd. company.
in 2006 one of the directors resigned and due to some neglegience the form 32 was not entered in the ROC.
now when we ahve realised this mistake we want to submit the resignation but we do not have the DIN number of the retired director and their is no possibility of getting it as well as the terms with him are not very cordial .
kindly suggest how the resignation can be accepted and filed.
thanks in advance.

CA Gangadhar Mishra

CA Gangadhar Mishra (Expert)
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26 February 2010 Approved DIN is must to file Form 32 even for a retired Director except on death of a director.

Ankur Garg

Ankur Garg (Expert)
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27 February 2010 Process for filing form 32 in cases where director has died/not traceable 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. Send an E mail 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 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 E mail, 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 E mail to the company accordingly.
3. Upon receipt of approval E mail 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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