Form 32 signed in professional capacity by the same director

This query is : Open

Naresh Kumar (Querist)
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26 May 2013 Dear Seniors,

A director has been appointed as Additional director in professional capacity and other director has been authorised in the board to sign the e form 32. the appointed director is a Practicing CA by profession.

whether he can certify the said form 32 as a Ca in whole time practice. if no, where it is written.

Please make it solve asap.

Thanks to all in advance

CS SIDDHARTHA BANIK

CS SIDDHARTHA BANIK (Expert)
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27 May 2013 I have not come across any such restriction either in the companies act, or by any notification or circular of MCA, so far. Apart that Signing of Form 32 is by his professional capacity, and is separated from his duty of Additional Director.

Therefore, I am under the views that the AD , who is a CA by professional can sign F-32.

Thanks,

CA Mayank Chopra

CA Mayank Chopra (Expert)
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29 May 2013 Since the CA is a wholetime director and not a sleeping director, if he signs the form 32, he will be covered under professional misconduct as per ICAI. As a CA being a whole-time directors can't certify.

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CS SIDDHARTHA BANIK

CS SIDDHARTHA BANIK (Expert)
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30 May 2013 I believe it is not mentioned in the original query that the concerned AD is a WTD.

If he is a WTD, then obviously he can not take up the assignment of practicing CA.

Instead, it was clearly mentioned that the AD was in whole time practice.

Thanks