Mrs.n (CS, LL.B ) (407 Points)
26 November 2012Hi,
Our 2 directors have resigned from one outside company before 1.5 month back.still they have not filed form -32 .even we followed up also to remind them for filing form -32.
Pls suggest now what procedures our directors should do that , they file the form -32 ?pls reply.
Regards
Megha Saklani
(Company Secretary)
(68 Points)
Replied 26 November 2012
Hi,
If the Directors have resigned 1.5 months back,then their Letter of Resignation must have been accepted by the Board of Directors of the Company in their Board Meeting.
Referring to that Board Meeting date, ask your Company secretary to file the Form 32 for resignation..Late fees will be applicable since it is 1.5 month late...
The Company is required to file Form 32 for resignation.. I don;t understand why have you waited for them to file the Form????
Regards,
Megha
Mrs.n
(CS, LL.B )
(407 Points)
Replied 26 November 2012
Dear megha ,
Thanks for your prompt reply.
my company's directors are director in one outside company .so it is the outside company in which they have resigned .
due to some reasons , they are not accepting their resignation.
so our directors wants to know Is there any ROC procedue / provisions , where if director have already send their resignation and company is not filing form 32 , what action one directos can take ?
pls suggest
Megha Saklani
(Company Secretary)
(68 Points)
Replied 26 November 2012
This is an Internal Management problem. Ask your Directors to convince the Company to accept their resignation first.
And Directors are safe here as they have given resignation.The Directors in future will not be liable for any liability. It is the inherent right of the Directors to resign and cannot be compelled to work against their will.
And for formalities like filing Form 32 with ROC is a default on the part of Company.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 27 November 2012
Make a complaint by filing INVESTOR COMPLAINT FORM with ROC... along with the copy of resignation letter and send the hard copy of resignation letter to concerned ROC with a request letter for the redressal of your problem.
CAclubindia
