swohra (none) (537 Points)
27 October 2009Dear members,
I have filed form 32 for resignation of a director. Now he wants a proof like any certificate showing his resignation. Please tell me is there any document which shows that the said director have resigned from the company or any other way to show.
Thanks in advance...
amitjain
(practising ca)
(35 Points)
Replied 27 October 2009
JUST GO AND SEE FROM MCA SITE. THERE IS NO OTHER PROOF
CA Suri Kota
(Assistant Manager @ EY)
(955 Points)
Replied 27 October 2009
Well........its jus the Company's responsibility to file the Form 32 in case of change in Directors...........The Ex director can ask the Company only the resignation approval from the board or share holders as applicable.........I mean he doesnot have any right legally to obtain such certificate from ROC...
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 27 October 2009
Hi,
You may consider filed form 32 as sufficient resignation proof.
For such resignation no need to pass any resolution in Board Meeting. However noting of such resignation in next BM is required. You may also provide your ex-director certified extract of your board minutes as proof of his resignation.
Regards
Priya Sharma
(Company Secretary & Student.MBA)
(998 Points)
Replied 27 October 2009
Hiii Swohra
You can also go for the online inspection of the Comany at MCA site and download form 32. The downloaded form shall contain ROC digital signature that meand it is approved by the ROC.In other words the resignation of your directors has been approved by teh ROC.
Rgds
Priya Sharma
CS final Student
Live class on PF & ESI Enrollment & Returns Filing(with recording)
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