Single form 32 ? 2 directors resgn & 2 new dirs appt ?

This query is : Resolved

CA Abhishek Singh (Querist)
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21 March 2013 Hello everyone

Mr. A & Mr. B are directors of a private company. they both r resigning and two new directors Mr. C & Mr. D are to be appointed in their place.

DSC Mr. A is valid.

my question :

can we file single form 32 for appointment and ceassation and use DSC of MR. A ??

waiting urgently for your reply.

CS Ankur Srivastava

CS Ankur Srivastava (Expert)
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21 March 2013 Technically it is possible you may sign the form with the DSC of Mr. A if the both events are on the same day.

However, legally, Mr. A may sign a form for hte appointment of other directors if the appointment takes place before his resignation.

However, he should not sign his resignation form it should be signed by the new director.

Ajay Mishra

Ajay Mishra (Expert)
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21 March 2013 Hi

You should follow the following procedures for filing Form-32:

1. First appoint new directors of the company. In the same resolution you mentioned any director of the company authorise to sign and file the same with ROC, then you resigned the existing directors.
2. Then You file the Form-32 of the newly appointed directors by using digital signature of any director out of earlier three directors which will be resigned.
3. After Filing Form-32 of new directors, check portal of MCA showing the new name of directors.
4. Again file Form-32 with ROC for resignation of old directors with using the digital signature of new directors.

Regards
Ajay Mishra

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