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Form No 32

G R Gotra (nil) (40 Points)

07 June 2009

Dear Sirs,

If form No 32 is not filed to ROC by a company ,where Director of a company resigns giving one months notice, whether the Director is absolved from his liabilities for future transactions. ?

Please reply.

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9 Replies

RAJ MANI TIWARI (COMPANY SECRETARY) (23 Points)
Replied 08 June 2009

Originally posted by :G R Gotra

Dear G.R. Gotra,

Your question is not specific, Form 32 will be filed for two reason one for appointment and another for resignation, wherher Form 32 has been filed for appointment ? if filed and he has resigned then it is the responsility of Company's director to again file Form 32 for resignation, and also he can intimate the same to the concerned R.O.C. if Form 32 is not filed for appointment then it is the responsibility of that director to file Form 32 and not filing of Form 32 is violation of Companies Act, 1956 and he can not escape from his responsibility because director's position is different from employee.

For more clarification you can contact me also.

R.M. Tiwari M.COM.LL.B.FCS

rmtiwarifcs @ gmail.com

+91 99563 99154

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Ajay Mishra (Company Secretary) (74342 Points)
Replied 08 June 2009

Hi Mr. Gotra

Filing of Form 32 of resignation of director is not responsibility of director, and if director give their resignation to the company that i am resiging your office from that date he will not be responsibile for any tranasaction after that date, whether form 32 filed with ROC or not.

Regards

Ajay

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Ankur Garg (Company Secretary and Compliance Officer) (114778 Points)
Replied 08 June 2009

Dear G.R. Gotra,

Kindly appreciate a director is absolved from his responsibilities for future transactions towards the company from the date mentioned in his resignation letter whether form-32 filed with ROC or not.

Filing of form-32 is the liability of company and not the Director. In fact your director is kind enough as he is giving 1 month notice to the company before resigning which is not required from him.

Please mention whether this director is ordinary director or Executive director. As a Managing Director can not resign by merely giving his/her resignation letter. Such resignation letter required to be approved by the board members.

For further query please revert…

Best Regards

1 Like

Gautam (Director) (33 Points)
Replied 16 July 2011

Hi..

Greetings ...

I request an additional clarification. My acquaintance is trying to set up a new pvt ltd company, and she had been Director in a different pvt ltd company with one of her relatives since 1998, and she resigned from that company directorship in 2006 - a copy of the letter of resignation exists, but a formal copy of acceptance does not exist.

Now, recently, during the renewal of digital signature on her MCA21 website, she found that the previous company has not filed Form 32, nor has appointed another Director, and has also not completed many RoC filing procedures. She has neither attended nor been copied any AGM, or other meetings since 2006. Can she directly file the Form 32 herself? If so, that may leave the old company with only ONE director, so may cause complications.

Plerase advise if there is any way she can clear her name, and start the new venture on a clean slate. Is she liable for any misdemeanour of the previous organization comiitted after 2006? Is there any preventive measure that she may take to ensure that her name is not dragged into any future non-compliance by the old company?

I remain grateful for any advice.

Thanks,

Gautam

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17853 Points)
Replied 16 July 2011

First of all after the date of resignation, she is not liable for any act of the Company. Filing of form 32 is the responsibility of the Company. She can send a letter to ROC intimating that she had filed resignation but company is not foling form 32. However, she cannot file form 32 directly because it requrie the digital signature of the other director secondly she should not filed such form because and filing is done on behalf of the company but now she is not associated with the Company.

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Deepika Mevadi (Student) (102 Points)
Replied 05 March 2014

can form 32 signed as power of attorney by other person? because original director is out of india.

ASHIS KUMAR MISHRA (Director Designated) (24 Points)
Replied 20 July 2014

1.One company is the there in Odisha registered under ROC,Cuttack where there are three Directors including one Foreign Director.

2.Now the Foreign Director wants to resign as a Director from the company by sending his resignation from his country.

3.Can he send his resignation by mail or to send by authentic courier to their Company's registered address.........

4.Will he sign Form 32 and send along with resignation to the Company or Form 32 will be submitted by other Director to ROC.....

5.How the resigned Director will come to know about his name removal as a Director..............

6.If his company will not file Form 32 with the ROC within 30 days then what is the process afterwards..................

7.Is there any other option to send resignation directly to ROC......

I will be grateful and remain obliged to get the reply soon on the above subject Sir.

Regards

Ashis Mishra

ashismishra @ hotmail.com

Deepak Bhardwaj (ACS, LLB & CA Finalist) (132 Points)
Replied 07 July 2015

July 07, 2015

Please advice.

Recently we have filed a case against one of our custormer for not making payment and providing cheques which were bounced due to insufficiency of funds.

But, during first hearing itself judge asked for submission of Form 32, whereas I know Form 32 was applicable under CA 1956.

Further to update you ,I joined as a CS (kmp) in April 2015 and there is no change in directorship since 2012.

So please advice, what can we do?

Prompt reply is expected from you all.

Regards

CS Deepak Bhardwaj