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FORM 32

DIPAK AGARWAL (Service) (554 Points)

19 November 2007

we have filed form 32 for appointment of one director of the pvt ltd co. as additional direcor w.e.f. 15-2-07. & on AGM of the co. held on 29-9-07, shareholdes had approved as director. & them we had also filed form 32 for change in disignation. Now my question is that as per mca- roc webside is it showing the date of appointment of the director as 29-9-07 i.e. agm date. should we write the appintment date as 29-9-07 in future or the 15-2-07? pl. suggest. & secondly is that the right way to file the form -32 with roc for dir. appoint. in a pvt. ltd. co.?

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2 Replies

Nitesh (Chartered Accountant) (340 Points)
Replied 19 November 2007

the date of appointment will be the agm date as additional director retires automatically at agm hence form 32 is must

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(Guest)

The date of appointment will be the date on which a person is first time appointed as a director in the company.In your case in any further communication the date of appointment will be the 15/02/2007, and the form which you are filing after the AGM is just a formality as the form filed is for change in designation and not for the appointment.If you take the date of appointment as the date of AGM the contracts, documents signed by that person in capacity of director before the date of AGM wii be treated as invalid documents. So the date on which a person is appointed as director first time in the company will be treated as a date of appointment.