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Incorrect disclosure by director in form32 to mca

Sriram (CA ) (164 Points)

29 July 2013

Hi friends,

Private company - not listed - director has wrongly/incorrectly disclosed one of his personal information in Form 32 (Change in Director)

What are applicable penalties and punishmnets ?

Very urgent, pls help

Thanks in advance

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5 Replies

P C Agrawal (Registered independent director Past Chairman of Aurangabad Chapter of ICSI Practicing Company Secretary at Aurangabad) (8229 Points)
Replied 30 July 2013

Form 32 is required to be filed u/s 303(2). If default is made in complying with the same, the company and every officer of the company who is in default shall be punishable with fine which may extend to Rs.500 for every day during which the default continues [Sec.303(3)].

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Charu Srivastava (Company Secretary) (4210 Points)
Replied 30 July 2013

kindly eludicate what info has been wrongly entered? Then it would easy to give any solution.

Sriram (CA ) (164 Points)
Replied 03 August 2013

Hi Charu and P C ,

Director has provided false personal information such as address, email etc

The email address provided belongs to some other company..

Can we bring some sections like misrepresentation of fact to MCA or as per Companies Act or Data Protection act , etc??

Help out, thanks in advance

prakash (Company Secretary) (1352 Points)
Replied 03 August 2013

In form 32, when you insert Din No of director and prefill it, it will automaticlly show you personal details of director like name and address, i believe that while generating DIN 1 wrong information might have been provided by director to obtain the DIN.

so you can change personal information of director by Filing Din 4 for change of Email ID and Address along with Proofs.

In companies act if individual obtains more than one Din No, there is penlty, not providing wrong information but correct information as soon as possible by filing din4

Charu Srivastava (Company Secretary) (4210 Points)
Replied 03 August 2013

Agree with Prakash

You can change the wrong info by filing DIN 4.

If any wrong info has been filled in Form 32 other than the prefilled one, in that case you have to resign that dierctor and then appoint by filling Form 32 with correct info.

The reason that once wrong info has been filled it cannot be correct.The plea in this regard is giving by mca that there should be no chances of error in filling forms becausr it has been certified first by the Directors then by the Practicing Professional.

Other views are solicited.