Filing Form 32/DIN 3 regarding

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

27 April 2010 Ours is a company incorporated in 1996 and we have not filed Form 32 for appointing Directors till date, We have filed Annaul Retuns and Financial Statements for 2 years thereafter(Manually) showing the Number of Share holders/Directors as 7 being the Subscribers to the Memorandum. But the problem now is all the above Subscribers to the memorandum are now outside India for some Job and we wish to file the pending forms to avoid prosecution by appointing 3 other persons (Resident in India) as Directors for easiness in getting DIN, DSC and for conducting meeting,
What should we do??
Should we take DIN for all the 7+3 directors
OR
to the new 3 Directors??
Can we skip filing form 32 for the existing Directors(Subscribers to MOA)???

Guest

Guest (Expert)

27 April 2010 Retire the 7 person in the back date.
Get DIN No. for new 3 director only.

My majority of the Practice work is revival of the Old Companies and I am expert of it.
If u need any help just give me a call or mail me.

Ph: 9427633901
Email: ankur@csankur.com

Querist : Anonymous

Querist : Anonymous (Querist)

28 April 2010 Thank you for your replay sir,
But I wanted to know whether we need to file any forms in relation to the retirement as you suggested(Back Date) to ROC, as there is still noncompliance in filing of Form 32 of that subscribers to MOA???

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Guest

Guest (Expert)

28 April 2010 U have to file form 32 with roc.

It is not considered as non -compliance.
It is considered as Late Compliance

Querist : Anonymous

Querist : Anonymous (Querist)

28 April 2010 So for filing that form 32, all the subscibers to the MOA(All r NRIs now) need to take DIN??

Guest

Guest (Expert)

29 April 2010 No need for DIN, as din is not required if person retires before the 31st october, 2010