In a Private Limited Company, Form 32 was filed indicating Additional director as a director how to rectify the mistake and how to file form 32 for regularization ?
Shrilakshmi (ACS) (58 Points)
25 February 2011In a Private Limited Company, Form 32 was filed indicating Additional director as a director how to rectify the mistake and how to file form 32 for regularization ?
Jaideep
(Service)
(1368 Points)
Replied 25 February 2011
Hi,
You need to contact concerned ROC...cause MCA portal will not accept revised form.
For regularisation you need to file form 32 for the appointment.
Regards
Jaideep Pandya
sakshi
(CS)
(261 Points)
Replied 26 February 2011
You can write one letter to ROC on the letter head of the company, saying that it was a clerical error and ask them to put in the form in resubmission mode and then you can resubmit the corrected form.
For regularisation of additional director, as suggested by Jaideep Sir, you have to file form 32.
Regards
Sakshi
Shridhi Jain
(Company Secretary)
(1678 Points)
Replied 26 February 2011
file form 32 again.
Intimate ROC about the same and request them to nullify the effect of Form 32 filed earlier on_______(date) vide SRN no.___________and request them to take the effect of the form 32 filed on_______(date) vide SRN no.___________
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 26 February 2011
File form 32 for removal and resubmit new form 32 for appointment with correct details.
Appropriately note it in the minutes of BM.
Then regularise as required by filing form 32
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 26 February 2011
Thanks Neha Ji....
Neha Gupta
(PCS)
(377 Points)
Replied 26 February 2011
Yes Sir i did proper rectification in my statement
Neha Gupta
(PCS)
(377 Points)
Replied 26 February 2011
But generally in many Private companies this practice is followed while filing form that Appointment in mid year is to be done as Director not as Additional Director.
Neetu Agrawal
(PCS)
(213 Points)
Replied 26 February 2011
Hi All,
cn a pvt company directly appoint a person in the capacity of the director rather than appointing him as additional director n den regularising him., GIVEN:
If the directors r the only shareholders of the company?
If the Shareholders r other than the directors?
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 26 February 2011
Yes, but in General Meeting only...
Board has power to appoint Additional Director, Causal Director and Alternate Director only. Other wise director under section 269 which is not applicable on private companies.
Neetu Agrawal
(PCS)
(213 Points)
Replied 26 February 2011
Thanx Ankurji,one more question to add on,
cn the AOA of the company give powers to BOD to appoint director directly? As per my understanding it cnt bt still to hv a view.........
Shridhi Jain
(Company Secretary)
(1678 Points)
Replied 26 February 2011
But Ankur sir, Is it necessary to file two form 32 firstly for removal and then again for appointment.
I faced the same prblm once and i did the same as i suggested in my above reply. It was regarding form 20B
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 26 February 2011
Yes,
Further, in your case the form was 20B. Annaul filing forms are only to take on record. In these form whatever you give ROC would record.
Furthermore MCA has issued guidelines for these forms as well so that no revision can be taken place. And if the revision is to be bone it should follow a pescribed procedure.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 26 February 2011
Dear Neetu ji,
Articles cannot override Companies Act.
It can provide powers which are allowed under Companies Act only.
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