An hotel Registered as Partnership firm with 9 partners, further converted to a pvt ltd company (Part ix)with only 4 of its partners as directors. Further 2 of the said 4 directors left the company giving undertaking on an 100 Rs. stamp paper "I do hereby resign as director from xx/xx/xxxx date"
Due to ignorance the company failed to file form 32 with ROC and the aforesaid director still stand to be as Directors with ROC records
The company is applying for EES and requires the director's consent but one of the two 'resigned directors' refused to singn the proceedings and give any co-operation..
Please help me out as I want to get rid of these stuff...
15 February 2011
On the strength of the resignation letter, convene a board meeting and approve the resignation of those directors. The date of the board meeting should be in and around the resignation date. File form 32. Belated filing will attract additional filing fee, depending on the period of delay, apart from normal fee. Then the remaining two directors, being pvt ltd company., can proceed with EES, 2011 subject to the satisfaction of other conditions mentioned in the connected circular's of MCA.
15 February 2011
Thank you sir for your reply sir, I am not aware of the procedure for filing form 32 yet but want to know whether i can file the same without the concent of the director who is being removed??
CAclubindia
