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FORM 32

Rekha Sharma (Company Secretary) (167 Points)

14 March 2009

Could anyone guide me in the below case :

1 Director appointed in 2005

2 Died in sept 2008

3 No din was taken of the diector till sep 2008

4 How company can file form 32 in this case because din can not be applied now.

5 Death certificate can not be arranged.

Keeping in view the above points pls suggest the solution for filing of form 32 and oblige.

Thanks With Reg

Rekha Sharma

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3 Replies

CA.Tarun Maheshwari (CA, DISA) (7150 Points)
Replied 14 March 2009

Process for filing Form 32 in cases where Director has died and regular DIN is not available

This is with regard to filing of form 32 for cessation of directors due to death, who were appointed prior to 1st July, 2007 and had not obtained approved DIN

1. Please send an email to appl.helpdesk @ mca.gov.in furnishing following details under heading – 'Form 32 – death case, No DIN'

a) Name of the company (in which the individual was a director)
b) Name of the deceased Director
c) Date of birth
d) Date of appointment as Director
e) Date of filing of Form 32 for appointment
f) Date of death (along with certified copy of death certificate issued by competent authority)
g) e-mail address of the company

2. Upon receipt of email, MCA Helpdesk will check and consider the information submitted and if found satisfactory, MCA Helpdesk will intimate the status/ outcome of the ticket to the stakeholder. If MCA Helpdesk needs additional information from the stakeholder, he will send an email to the Company accordingly.

3. Upon receipt of approval email from MCA, stakeholder will be required to file the form directly with the concerned ROC along with - signed form 32, necessary attachments, and a copy of approval e-mail and proof of payment of filing fee, with the respective ROC office. Filing Fee will be paid through ' Pay Miscellaneous Fee' option on MCA portal.

4. ROC will process / approve the form, scan the physical form 32 along with its attachments and upload the same in the electronic records of the company through 'On Demand Scanning' option.

5. ROC will update the relevant records/ data of the company accordingly.