Vidisha Jain (CA FINAL) (155 Points)
05 December 2009Hi,
We had filed Form 32 for the appointment of an Alternate Director.Now,the original director is back to India and hence,the office of Alternate Director stands vacated.
Should Form 32 be filed for cessation of office of the Alternate Director?
Thanks in advance.
Ajay Mishra
(Company Secretary)
(74337 Points)
Replied 05 December 2009
Hi
Yes, It is required to file Form-32, regarding vacation of office under section 313 of the Companies Act, 1956.
Regards
Ajay
CA SUDIPTA SINHA
(Commerce Coaching- Accounts Cost FM)
(735 Points)
Replied 05 December 2009
Form 32 is submitted for Particulars of appointment of managing director, directors, manager and secretary and the changes among them or consent of candidate to act as a
managing director or director or manager or secretary of a company and/ or undertaking to take and pay for qualification shares. the alternate director holds the same power as the original director and he is not the proxy of the original director. hence in my opinion Form 32 should be filed for cessation of the office of the alternate director.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 05 December 2009
| Originally posted by :Ajay Mishra | ||
| " | Hi Yes, It is required to file Form-32, regarding vacation of office under section 313 of the Companies Act, 1956. Regards Ajay |
" |
Agree with Mr. Ajay. There is no doubt at all.
CA Trinath Galla
(student)
(3130 Points)
Replied 05 December 2009
Yes, It is required to file Form-32, regarding vacation of office under section 313 of the Companies Act, 1956.
DEEPAK
(CA FINAL)
(814 Points)
Replied 05 December 2009
Yes, It is required to file Form-32, regarding vacation of office under section 313 of the Companies Act, 1956.
Tarun Poddar
(CA FINAL)
(233 Points)
Replied 06 December 2009
i too agree with all the above answers...we shd file FORM 32
Form 32 is not required to be filed, since office of the alternate director gets vacant once the director returns back to the state in which meetings of the board are ordinarily held.
Hence returning to india is not the criterion for deternining that office of director gets vacant.
Opinions of Esteemed members are solicited in this regard to deternine whether office of alternate director gets vacant once the foreign director comes to india and does not come to the state in which board meetings are ordinarily held.
Warm Regards, Neha
nehajaincs @ gmail.com
CS MD Osman Akthar
(Company Secretary & CA(Final))
(78 Points)
Replied 18 January 2010
Dear All,
State here mean not only India, but its respective areas of state govt.
If, BM ordinarily held in Hyderabad-AP, but Original Director returns to India and stays in Mumbai-MH, then there is no need to file the Form 32 with RoC.
Mitali Agarwal
(Company Secretary)
(638 Points)
Replied 18 January 2010
I also agree with the view that Form 32 is to be filed.
Though office of alternate director gets vacated on return of original director but intimation is reqd. to be given to ROC.
CAclubindia
