prakash (Company Secretary) (1352 Points)
20 February 2013Dear All,
Can a date of appointment of director be prior to date of obtaining Din No, as per section 253 "No company shall appoint or re appoint any individual as director of the company unless he has been allotted a Directors identification number under section 266B.
does person must get din no before his appointment or any minimum time frame is provided else where in act or rules or regulation.
Jimmitt
(Student CA Final )
(44 Points)
Replied 20 February 2013
Yes... Director can be appointed only after he has received a DIN Number from ROC...Not before that... Else company shall be unable to file Form 32 and hence, his appointment would not be affected till it is filed.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 21 February 2013
Legally, the appointment must be on after the date of allotment of DIN.
However, MCA has not linked the date of allotment of DIN with form 32 and forms for the appointment of directors before the date of allotment of DIN numbers are being filed.
After obtaining DIN, form 32 may be filed with the date before the date of allotment of DIN to the director.
CAclubindia
