22 April 2010
My Company is a private ltd, i want to appoint a director, is it necessary to appoint him as a additional director first, can i directly select a option in Form 32 as director.
Please help
Can any one help me with the provisions related to the directors.
22 April 2010
WHEN YOU ARE FILING THE FORM 32 SELECT THE DESIGNATION AS DIRECTOR AND ATTACHED A CONSENT LETTER FROM THE CONCERNED PERSON AS CONSENT TO ACT AS DIRECTOR.
22 April 2010
The company has to appoint new director as 'additional director'. While filing e-form 32 select the option 'additional director' in clause 5. For private limited company consent letter need not be attached with e-form 32. However,as per verification 1.2 of e-form 32, the company has to get a declaration from the director stating that he/she is not restrained/disqualified/removed of for being appointed as a director of the company.
22 April 2010
Sir Clause 72 of Table A says about the power of the Board of directors to appoint additional directors. So unless the Articles of Association of the company restricts other wise, the company has to choose the designation as 'additional director'. ROC has accepted a form, done otherwise ,does not mean that the procedure is legally correct since, as you know, MCA 21 has specifically mentioned that what ever is uploaded will be taken to record if they prima facie satisfy that the form filed is procedurally correct.
I HAVE FILED FORM 32 IN SAME MANNER AND GOT APROOVED. THOSE, WHO WANT TO CONFLICT WITH SANJAY, READ THE INFO BELOW CAREFULLY. Note : The defects or incompleteness in any respect in this eForm as noticed by the Registrar shall be placed on the Ministry's website (www.mca.gov.in). In case the eForm is marked as RSUB or PUCL, please resubmit the eForm or file Form 67 (Addendum), respectively. Please track the status of your transaction at all times till it is finally disposed off by the Registrar. (Please refer Regulation 17 of the Companies Regulation, 1956) It is compulsory to file Form 67 (Addendum) electronically within the due date whenever the document is put under PUCL by the ROC, failing which the system will treat the document as invalid and will not be taken on record.
22 April 2010
May I also request all you that in the given query the following matters shall be looked into. 1) Article of Association of the Company. 2) Table A of the Companies Act,1956 particularly clause 72. 3) Clause 5 of instructions for filing of e-form 32.
Also see the answer given by Ankur Sir on a similar issue in https://www.caclubindia.com/experts/appointment-of-director-in-a-pvt-co--348935.asp
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