07 December 2012
Mr. A Company Secretary has resigned from the listed company “B” Ltd. B ltd is neither willing to file the form 32 of resignation of Mr. A nor ready to inform to BSE, NSE.
Now, how the name of Mr. “A” can be removed from ROC, BSE and NSE??
If company is neither filing form nor intimating to the BSE and NSE intentionally, then Mr. A can make a resignation letter and submit it to the ROC, and mention there that company is not filing Form 32.
Try to submit that letter by Speed post or go personally and get one copy of certified by them that they have received it. SO, that you will have an evidence as well in future about the intimation.
In case Company has acknowledged or accepted his resignation even then it would suffice. If Company does not file Form 32 or inform to other departments then it would not effect the outgoing CS. Better the outgoing CS gets the copy of Board Resolution accepting his resignation.