WHAT WILL BE THE LEGAL OBLIGATION, IF ANY, ON A DIRECTOR OF A PVT LTD COMPANY WHO HAVE DIGITALLY SIGNED A FORM 32 ON 22/12/2010 AS A DIRECTOR, WHICH ALREADY UPLOADED AND APPROVED, DESPITE HE HAS RESIGNED FROM HIS DIRECTORSHIP ON 14/12/2010
Manoj (ACCOUNTANT) (33 Points)
05 January 2011WHAT WILL BE THE LEGAL OBLIGATION, IF ANY, ON A DIRECTOR OF A PVT LTD COMPANY WHO HAVE DIGITALLY SIGNED A FORM 32 ON 22/12/2010 AS A DIRECTOR, WHICH ALREADY UPLOADED AND APPROVED, DESPITE HE HAS RESIGNED FROM HIS DIRECTORSHIP ON 14/12/2010
Jayashree S Iyer
(Company Secretary)
(3224 Points)
Replied 05 January 2011
If the director resigned with immediate effect, then he will not be liable for any mistatements in the form.
However in case of WTD / MD the resignation needs to be accepted by the board and if it was accepted at a later date then he will be liable.
Ashish Gupta
(CS & Legal)
(114 Points)
Replied 05 January 2011
Pls confirm the date of event for which Form 32 was being filed. In case it is prior to the date of resignation of the Director, the same can be ratified. However, if the event is post his resignation, then the director does not have any authority for signing and filing the form.
Also pls confirm what is the date of board resolution mentioned in the last page of the Form, which gives authority to Director to sign the Form and how come the PCS certifying the Form 32 didnt noticed this.
Pls provide the relevant details to discuss the matter further.
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