Resignation of director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

27 November 2012 Dear All Experts,

A director was appointed as an Additional Director of a Private Limited Company in the year 2009, subsequently appointed as a regular director of the Company in the next AGM but the company has not filed Form 32 of such change of designation. Now in 2012 the Director tendered his resignation from the office of Director of the Company.

Can i directly file form 32 for the resignation of the director? On MCA portal it displays the designation of such director as additional director.

An early reply is highly appreciated.

Thanking You

CS Ankur Srivastava

CS Ankur Srivastava (Expert)
Follow

27 November 2012 Ya you may file... However, proper compliance of act is to file form 32 for change in designation from Additional Director to Director and then file form 32 for removal.

Ajay Mishra

Ajay Mishra (Expert)
Follow

27 November 2012 Hi

Agreed with expert.

You file two Form-32 with ROC,

Firstly for change from AD to director and secondly for resignation of director.

Please also check in Annual Return filed in these last years what you show him as AD or as director.

Upgrade to CAclubindia Pro. Subscribe Now!