Regarding eligibilities & liabilities of whole time director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

31 March 2013 i was working in a public limited company as manager since last 3 yrs & recently my md had asked me to sign din form & appointed me as WHD and immediately after 2 mth due to some issue there was complaints against the company & fir register u/s 420 & 406 against the company. at the time of police inquiry the roc list of director is showing my name that too showing the appointment date of three years back.
now i request you to guide me that when i have been appointed 2 mth back then how come roc is showing the date of appointment three yrs back, also i don't have my digital signature yet , i don't have any shares till date allotted to me . now please guide me how can i come out from this situation. Police authorities are harassing me by saying that i am the director and i have to face the legal consequence. pleas help me

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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23 May 2013 Since you have not objected to it and within 2 months you must have signed some documents as whole time director then you are liable for it. Now, you can place papers before the police that you have been made as HD from such and such date by showing the resolution and while making you WD no consent was taken which is a must for filing with ROC. without consent you cannot be held responsible. If the fraud is committed prior to your appointment then you can bring this before the Police Officers.

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