Sahir Basha (AM - Finance) (28 Points)
09 August 2010Dear all,
When a director is appointed in between the AGM's, Form 32 is required to be filed. The same person ceases to be director at the next AGM. If the same person is re-appointed in the AGM, please advice if Form 32 is to be filed again in case of Private Ltd company.
Thanks
Sahir Basha
CA Abhash Mishra
(Chartered Accountants)
(598 Points)
Replied 09 August 2010
REAPPOINTMENT OF DIRECTOR IS NOT REQUIRE TO BE GET FILED FORM 31
Payal Jain
(CS)
(152 Points)
Replied 09 August 2010
Reappointment of Director is not require to file Form 32.
But if the Director is Additional Director, and In AGM he is appointed as Regular Director then you have to file Form 32 for change in designation.
Regards,
Jagruti (CS)
(Service)
(1953 Points)
Replied 09 August 2010
Yes, Agree with the payal, whether it is Public Co or Private for retirement by rotation Form 32 is not required to be filed by the COmpany
vivek
(CS)
(751 Points)
Replied 09 August 2010
In case of Pvt. Company Retire by rotation is not applicable. In case of reappointment of rotational director no need to file F-32.
But your case seems to be the regularization of Additional Director, in this case u need to file F-32.
Regards,
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 10 August 2010
First of all, retirement by rotation does not apply in case of private company. Secondly, in case of re-appointment form 32 is not required.
Form 32 is only required in case of change in Directorship.
Neha Gupta
(PCS)
(377 Points)
Replied 10 August 2010
Yes, this situation attracts Section 260 of the Companies Act, 1956.......
so for regulerisation of Additional Director, appointed between to AGM's is done by filing form 32 with ROC.
Shloka
(Deputy manager (Finance))
(48 Points)
Replied 16 September 2010
Dear friend,
In the event of appointment of director in between two Agms section 260of the Companies Act, 1956 applies read with the appropriate clause in the articles of the Company, such additional director shall vacate his office on the next ensuing annual general meeting and if eligible can be appointed as ordinary director with efffect from the date of Agm thus his tenure ends and hence in this case as it is regularisation of appointment e form 32 is required to be filed with Roc within 30 days along with following attachments:
1. Copy of consent letter received from the director
However in case of retirement by way of rotation,ie 1/3 of director retire every year it is a ordinary buisness and hence no e form 32 is required to be filed by the Company.
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 16 September 2010
Dear Shloka,
You are right, but some updations required as under:-
1. consent is required only in case of public company that too in case when he get appointed first time.
2. In case of reappointment of retiring director, by way of rotation, or regularisation of Additional Director, and certain other cases too form 32 is not required to be filed as per section 264(2)(a) and (b).
Live Course on Invoice Management System (IMS) - 2nd Batch(With Recording)
CAclubindia
