10 December 2010
hello cci experts plz give me advice on the matter stated below we have a company in which 5 persons are directors.out of 5,2 persons have not DIN.But these 2 are the first directors of the company(since 1987).In MCA portal signatory detail shows only 3 directors.now the above 2 directors have given their resignation.
my question are: Q1.Is it necessory to file form 32 for cesstion of director ship? Q2.what is the penalties for not acquiring DIN? Q.what is the status of these diretors in the eye of ROC?
10 December 2010
1) e-form 32 has to be filed necessarily. 2) Section 266G prescribes the penalty of Rs. 5000/-followed by Rs. 500/- per day for continued contravention. 3) Directors without holding DIN is directors per se.
10 December 2010
1.Yes. It's necessary to file form 32 for the resignation of 2 directors. 2. Since the 2 directors have already resigned, file form 32 without DIN. I understand Form 32 can be filed without DIN in case of resignations. 3. Non obtaining DIN will not affect their directorship status. It amounts to non-compliance of company law provisions attracting penalty.
If your company has 5 director and out of which MCA portal only shows details of 3 directors it means you have not informed the ROc about balance two director.
In current situation you take DIN of balance two directors File DIN 3 within time to ROC.
If the above two director have given their resignation, in that case you can not file Form-32 with ROC unless you have DIN of these director and DIN 3 file with ROC.
First of all you take DIN and file DIN 3 with ROC thereafter you file Form-32 of resignation.
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