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One form 32 for resignation as well as appointment of dirs ?

CA Abhishek Singh (practice) (2106 Points)

15 September 2012

Hello everyone,

AB pvt ltd has two directors Mr.A & Mr.B. Now Mr. B want to resign and Mr.Z is to be appointed in his place.

My question: can we file one form 32 for resignation as well as appointment on a same date.

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11 Replies

Deepak Gupta (CA Student) (15922 Points)
Replied 15 September 2012

Originally posted by : CA Abhishek Singh
	Hello everyone, AB pvt ltd has two directors Mr.A & Mr.B. Now Mr. B want to resign and Mr.Z is to be appointed in his place. My question: can we file one form 32 for resignation as well as appointment on a same date.

A single Form-32 can be filed for both the events, with separate resolutions for both.
.
Both resignation and retirement event date should be within 30 days of the filing date.

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CA.Vinita Gupta (Deputy Manager- Finance) (2923 Points)
Replied 15 September 2012

Agree with the aove reply single form 32 is sufficient

CS RAJESH C.CHOUDHARY (ASSISTANT MANAGER) (14607 Points)
Replied 16 September 2012

Dear CA Abhishek SIngh,

yes you can file form 32 for resignation and appointment on the same date. the reason being if that is not done the company would not remain a company. it is necessary to have two directors in a company

Regards,

RAJESH CHOUDHARY

Tanveer Md Masood (Indispensable) (361 Points)
Replied 16 September 2012

DEAR MR.ABHISKEK SINGH,

COMPANIES ACT 1956, DOES NOT PROVIDE FOR SEPERATE FORMS FOR RESIGNATION AND APPOINTMENT OF DIRECTORS. FORM 32 IS TO BE FILED EVEN WHEN WE APPOINT OR REMOVE A COMPANY SECRETARY.

REGARDS

TANVEER MD MASOOD

CALCUTTA

Budding Professional (B.Com, CA & CS FINAL) (1686 Points)
Replied 17 September 2012

In the case there are only two directors, so isn't it necessary to appoint a third director before removal of a second director?? I literally feel that in this case, Form-32 for appointment will have to be filed first and then thereafter, the same for resignation can be filed, though the date for resignation and appointment can be the same. It would have been proceeded with a single form had there been 3 or more directors.

Please correct me if I am wrong.

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(Guest)

Neerajji,

You are incorrect. Single form 32 can be filed for appt and resig of director in case there are only 2 directors in a private company.

There are no issues. I have done it many a times. Go ahead.

Regards

1 Like

Budding Professional (B.Com, CA & CS FINAL) (1686 Points)
Replied 17 September 2012

Originally posted by : Neha Jain
	Neerajji, You are incorrect. Single form 32 can be filed for appt and resig of director in case there are only 2 directors in a private company. There are no issues. I have done it many a times. Go ahead. Regards

Thanks Mam for the clarification.. I just applied bit too much of permutations and combinations..

(Guest)

You are most welcome Neeraj Ji.

CA Kedar Sakhardande (Proprietor) (942 Points)
Replied 17 September 2012

The meetings for appointment and resignation of directors hv to be different first meeting for appointment and subsequent meeting for resignation (we can have both the meetings on the same day as well)

However, reporting of appointment and resignation can be in single form no 32

regards

(Guest)

Originally posted by : CA Kedar Sakhardande
	The meetings for appointment and resignation of directors hv to be different first meeting for appointment and subsequent meeting for resignation