filing of form 32

This query is : Resolved

Subramonian Moothathu.S (Querist)
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21 October 2009 N was appointed as Additional director of S private ltd.co.on 15th August 2008 in a board meeting and Form 32 & 23 were duly filed in this respect.AGM of S pvt.ltd.was held on 30th September 2008 and N was appointed as director in the AGM,but Form 32 was not filed in connection with the same for change in designation from Additional director to Director.He was designated as an additional director in the Form 20 B filed for the year 2007-08.On 20th September 2009, N was appointed as Managing Director of the company and Form 32 and 23 were duly filed.Is the action regular?Can the Form 32 for change in desigantion from additional director to Director can be validly filed now?
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CA. B.SRINIVASULU

CA. B.SRINIVASULU (Expert)
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21 October 2009 Yes you can file now. Only additional fees has to be paid.

Ankur Garg

Ankur Garg (Expert)
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22 October 2009 No this action is not regular at all.

In your case AD hs been appointed as MD without completing regularisation procedure.

File form 32 now for regularisation. Select "change in designation". and date of appointed would be the date of AGM i.e. 30.09.2008.

Again file all the forms regarding appointed as MD.

Regards

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CS Vandana Kacholia

CS Vandana Kacholia (Expert)
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22 October 2009 yes you can file form 32 for change in designation.

Subramonian Moothathu.S

Subramonian Moothathu.S (Querist)
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22 October 2009 Thanks to all!!!!!!!!!
Is it nevessary to file the second Form 32 & form 23 after filing the belated Form 32 with additonal fees of Rs.1800 as suggested by Mr.Ankur?

Ankur Garg

Ankur Garg (Expert)
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22 October 2009 Dear Friend,

Kindly appreciate now in MCA system your director is reflecting as MD without completing regularisation procedure which is wrong according to me.

Now if as per my suggestion you file form 32 for regularisation of AD. Then your director will be reflected as director only.

Hence to rectify completely after regularisation you have to again file all the forms regarding appointed as MD. After you file all the forms regarding appointed as MD the MCA system will reflectly correctly your director as MD.

However this is my personal understanding.