CA Abhishek Singh (practice) (2106 Points)
15 September 2012Hello 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.
Deepak Gupta
(CA Student)
(15922 Points)
Replied 15 September 2012
| Originally posted by : CA Abhishek Singh | ||
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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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A single Form-32 can be filed for both the events, with separate resolutions for both.
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Both resignation and retirement event date should be within 30 days of the filing date.
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.
Budding Professional
(B.Com, CA & CS FINAL)
(1686 Points)
Replied 17 September 2012
| Originally posted by : Neha Jain | ||
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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 |
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Thanks Mam for the clarification.. I just applied bit too much of permutations and combinations..
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
| Originally posted by : CA Kedar Sakhardande | ||
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The meetings for appointment and resignation of directors hv to be different first meeting for appointment and subsequent meeting for resignation |
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Hello,
It can be same board meeting.
First resolution for appt and then next resolution for resignation.
It is not required to have 2 Board meetings in this case.
Regards
CS Ankur Srivastava
(Company Secretary & Compliance Officer)
(17853 Points)
Replied 18 September 2012
Agree with the learned Member Ms. Neha Jain...
CAclubindia
