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.
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.
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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