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Form 32

Shubha Agrawal (company secretary) (57 Points)

22 March 2012

hello everyone,

please tell me whether it is required to file form din 4 for a resigning director before filling form 32.

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22 Replies

Prateek Agarwal (Sr. Executive - Finance & Accounts) (1732 Points)
Replied 22 March 2012

Hi Shubha,

I don't think it is necessary to file Form 32 after filing Form DIN -4. Also, there is no link between these 2 forms.

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CS Vijay Daxini (At Practice) (732 Points)
Replied 23 March 2012

HI SUBHA ......NO U DONT NEED TO FILE DIN-4 FORM FOR RESIGNATION OF A DIREECTOR ..FOR THAT U NEED TO FILE ONLY FORM-32......DIN-4 IS FOR TTHE PURPOSE OF MAKING THE DIN OF A DIRECTOR PAN BASED.....HOPE THIS WILL HELP U DEAR......

Anshu Shrivastava (company secretary) (143 Points)
Replied 23 March 2012

yes, for resignation of a director only form 32 is filed and din 4 will not be required at all.

VALLABH SONECHA (Practicing Chartered Accountants) (73 Points)
Replied 23 March 2012

DIN 4 is filed if there r any changes in the details of director ( such as name, address ,father's name etc., & for updating PAN details with DIN)

DIn 4 is not reqd to be filed, for a resigning director before filing form 32.

First obtain a resignation letter from director.

pass a reslolution at the board meeting for accepting the resignation

then file form 32 attaching resignation letter & resolution.

Sanjay chhaiya (articleship) (40 Points)
Replied 24 March 2012

when i upload din 4. this error occure " income tax pan or voter's id card or passport no. or driving licance no. as entered in the e form is already existing in the database against a din. the form can not be filed" no pan number is shown in form 1A when i enter din no. and pre fill what is last date for filing din 4 ???

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Charu Srivastava (Company Secretary) (4210 Points)
Replied 24 March 2012

No need to file DIN-4

Sanjay chhaiya (articleship) (40 Points)
Replied 24 March 2012

thanks but pan number not shown in form 1A

Charu Srivastava (Company Secretary) (4210 Points)
Replied 24 March 2012

That mean at the time of applying DIN , PAN was not furnished.

There is circular that that the person whose PAN was not furnished at the time of applying DIN, they have to intimate MCa through DIN 4.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 26 March 2012

Din 4 is nothing to do with with form 32..... the purpose of both the forms are different.

DIN 4:- This form is filed to change the particulars of the Director in Director Identification Number with the MCA. Currently, Ministry has decided that all the DIN must be PAN based therefore, DIN 4 is required to be filed to update the PAN.

Form 32:- This form is filed to appoint, resign and any change in designation of the director in the Company.

Neha Gupta (PCS) (377 Points)
Replied 26 March 2012

One thing i would like to mentioned here that Ankur has rightly said about purpose of DIN 4 form and Form 32, if the Director details in PAN card and Din number are not matched we should file DIN 4 form even if the Director is resigning form the company, as there may be a possibility he is Director in other same group company, or at least we should inform to that Director that his information in DIN and PAN does not match. And he will take action for filing of DIN 4 form, so that we can save that Director from penal provisions.

Thanks

Neha

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CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 26 March 2012

Agree with Neha.....

However, it will the responsibility of the Director and those companies wherein the Director is a Director only.

Shubha Agrawal (company secretary) (57 Points)
Replied 26 March 2012

Thanks to all and specially to neha. she has rightly approched to my query which i actually wanted to know. as i was in confusion whether to file din 4 or not for resigning director.

thanks again.

Sanjay chhaiya (articleship) (40 Points)
Replied 26 March 2012

thanks but when i am pre fill detail(din no.) in form 1A pan no. of derector not shown .. that means pan no. not avalable with MCA . so i need to file din 4 for apdating pan no. .

but when i upload din 4. this error occure " income tax pan or voter's id card or passport no. or driving licance no. as entered in the e form is already existing in the database against a din. the form can not be filed"

what i should do

thanks