Nithya.P (Junior Executive finance) (80 Points)
16 January 2008Please let me know whether Re-appointment of Directors retire by rotation amounts to change in Directors and whether Form 32 is required to be filed for the same?
Siddharth Garg
(CA)
(39 Points)
Replied 16 January 2008
ashish
(company secretary)
(26 Points)
Replied 08 October 2008
no, need to file any form with the roc, because it is not the chage in the directorship of the company. Those directors who retires by rotation , are reaapointed in the AGM as the regular directors of the company. If in any case somebody is not re-appointed as the directors of the company after retired by rotation , in that case only company has to file form 32
Lineesh James
(Company Secretary)
(30 Points)
Replied 10 October 2008
Even if a retiring director is not re -appointed he will continue to be a Director by default and then also there is no requirement of Form 32 as there is no change "among its Directors"
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 02 July 2010
This case does not constitute change in directors and form 32 is NOT required to be filed.
If the director is retired but not reappointed in the same meeting then it will constitute change in directorship and form 32 is required to be filed.
However, if the director is get reappointed then no.
And this does also not constitute break in the office of the director.
amit hariya
(Articled Assistane)
(28 Points)
Replied 09 December 2011
Rashi Tiwari
(Company Secretary)
(131 Points)
Replied 09 December 2011
If addittional director is regularised form for change in designation will be filed.
Rashi Tiwari
(Company Secretary)
(131 Points)
Replied 09 December 2011
If addittional director is regularised form for change in designation will be filed.
CAclubindia
