resignation of a dead director

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CS Seema

CS Seema (Querist)
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27 March 2009 what is the process of filing resignation of a director who is not having DIN no and presently no more

CA CS CIMA Prakash Somani

CA CS CIMA Prakash Somani (Expert)
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27 March 2009 CONDOLENCE RESOLUTION IS TO BE PASSED BY BOARD OF DIRECTORS AND PLACE ON RECORD AN APPRECIATION FOR THE SERVICES RENDERED BY THE DECEASED DIRECTOR DURING TENURE OF HIS ASSOCIATION WITH THE COMPANY.
THIS RESOLUTION OR A SEPARATE RESOLUTION IS PASSED BY BOARD IN SAME MEETING AUTHORISING ANOTHER DIRECTOR TO SIGN AND FILE FORM 32 WITH ROC.
IF YOU DONT HAVE ANY DIRECTOR WITH DIN, YOU MAY APPLY FOR SAME AND THEN FILE FORM 32 WITH ROC .
IF THE DECEASED DIRECTOR HAS NO DIN , THE SAME MAY BE INFORMED TO ROC, WHO WILL ADVISE THE PROCEDURE TO FOLLOW.

CA CS CIMA Prakash Somani

CA CS CIMA Prakash Somani (Expert)
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27 March 2009 "Resolved that the board of directors of the company express their deep condolences at the untimely and sad demise of sri....director of the company on dt..... and may his soul rest in peace."
Further "Resolved to place on record a deep appreciation for the valuable services rendered by sri.... during his tenure as a director of the company from dt..... to dt..... "

Further "Resolved to authorise sri.... director to sign and file necesary form 32 with ROC and convey the company's condolences to the family of sri....,the deceased director".

certified true copy
for abc ltd.

(xyz)
Director

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CS Arpita Rajpurohit

CS Arpita Rajpurohit (Expert)
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27 March 2009 Process for filing Form 32 in cases where Director has died and regular DIN is not available

This is with regard to filing of form 32 for cessation of directors due to death, who were appointed prior to 1st July, 2007 and had not obtained approved DIN

1. Please send an email to appl.helpdesk@mca.gov.in furnishing following details under heading – 'Form 32 – death case, No DIN'

a) Name of the company (in which the individual was a director)
b) Name of the deceased Director
c) Date of birth
d) Date of appointment as Director
e) Date of filing of Form 32 for appointment
f) Date of death (along with certified copy of death certificate issued by competent authority)
g) e-mail address of the company

2. Upon receipt of email, MCA Helpdesk will check and consider the information submitted and if found satisfactory, MCA Helpdesk will intimate the status/ outcome of the ticket to the stakeholder. If MCA Helpdesk needs additional information from the stakeholder, he will send an email to the Company accordingly.

3. Upon receipt of approval email from MCA, stakeholder will be required to file the form directly with the concerned ROC along with - signed form 32, necessary attachments, and a copy of approval e-mail and proof of payment of filing fee, with the respective ROC office. Filing Fee will be paid through ' Pay Miscellaneous Fee' option on MCA portal.

4. ROC will process / approve the form, scan the physical form 32 along with its attachments and upload the same in the electronic records of the company through 'On Demand Scanning' option.

5. ROC will update the relevant records/ data of the company accordingly.

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