22 March 2012
the former CS had furnished a notice to the company as on 15.02.2012 & date of leaving was 14.03.2012 Date of BM to accept the resignation is 23.03.2012 1)What will be the date of resignation to appear in e-Form 32 will it be 15.03.2012 or not? The existing Assistant Company Secretary has been promoted to such position and the same was resolved in the BM held to on 23.03.2012, please suggest as to what should be the date of appointment of the 2nd CS??
(2) can he be appointed in back date, say, w. e. f. 15.03.2012(a day after the resignation of the former CS)via mentioning the same in the resolution so passed? or date to appear in the e-form 32 should be the board meeting date?? (3) can both the appointment & resignation be filed in the same e-FORM??
23 March 2012
As per my view date of resignation is the date when the resignation is served but E-Form 32 for cessation shall be the date when CS left the Job i.e. date when cs discontinued his services and not serving of resignation. It is because companies has provisions in appointment letter that 30 days notice or 45 days or any thing else is required to be served!!
For the appointment of New CS, Date of Board Meeting shall be considered as for the date of appointment!!
I am wondering here how can a CS be appointed on 15th March while Board Meeting is being held on 23rd March!!
24 March 2012
the question of appointment of CS on a back date has arised coz such person was already working for the Company as an asst. company secretary and had been promoted to such position.
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