Form 32 filing

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

24 July 2012 In a PVT Ltd comp with two directors, One of the directors resigned. who will accept his resignation ? whether the other director can sign and submit form 32 to ROC? What if other director does not sign DSC on form 32? whether any practicing CA or CS can sign form 32 and submit online?

CS. DISHA SHAH

CS. DISHA SHAH (Expert)
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24 July 2012 Hello,
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In pvt. Co. there should be minimum 2 directors as per law.
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Now, if in your company any one director is resigning you have to appoint another person as a director. You have appoint the director first then, the that director can resigned.
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Now your other questions are not required n dear to for e-form - 32, you required one signature of Director and one of the Practicing professional.

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Ajay Mishra

Ajay Mishra (Expert)
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24 July 2012 Hi

I agree with Disha.

In Case the director of the company is less than two or the no. of director fix for the quorum, then the remaining director (continuing director or directors) may act for the purpose of increasing the no. of directors to that fixed for the quorum or summoning a general meeting of the company, but no for other purpose.

Please read Regulation 75 of Table A of Schedule I of the Companies Act, 1956.

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Jiten Gupta

Jiten Gupta (Expert)
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26 July 2012 Agree with the views of experts!!

As fas as acceptance of resignation is concerned, the same is not required. Once director has served his resignation in written or through e-mail, his responsibility is over.