Pawan Singhal (chartered accountant) (655 Points)
13 January 2010In my co. we are two director. suppose on 23rd dec.2009 one more director joined the co. and form 32 for joining the director filed to roc but still approval not received. and on 30th Dec.2009 one of director of the co. resigned. he send a resignation letter to co. on 30th Dec.
So now can we filed form 32 for his resignation to roc for his resignation on 14th jan 2010 although we have not received approval of new director from roc which is filed on 23rd dec. 2009 to Roc.
Amir
(Learner)
(4016 Points)
Replied 13 January 2010
Dear Pawan,
I guess u can file it..No isuues with that because whenever approval will come it will be from retrospective date..
Mitali Agarwal
(Company Secretary)
(638 Points)
Replied 14 January 2010
I don't think that MCA would accept Form 32 for resignation of director as the Form 32 for appointment of third director has not been approved yet.
Only when the no. of directors left after resignation of 1 dir. will be 2, Form 32 for resignation of third director will be accepted.
But since the Form 32 for appoint. of 3rd director has not been approved, form 32 for resignation will not be accepted as the no. of directors will be < 2.
By the way for your satisfaction, u can try filing the Form. You should talk to ROC people about the approval of Form 32 filed earlier.
Pawan Singhal
(chartered accountant)
(655 Points)
Replied 14 January 2010
I have send a reply to roc for acceptance of form 32 for appointment but still no answered received from roc. and futher i have filed form 32 for resignation but they are not accepting it. Because remaining director is less then 1.
Ankur Garg
(Company Secretary and Compliance Officer)
(114773 Points)
Replied 14 January 2010
Hello Pawan Ji,
Kindly follow the link below to access the list of present directors in the MCA record. Without approval of your first form 32 for appointment ROC can not accept your second form 32 for resination. Regarding your first form 32 for appointment you are advised to visit ROC office personally and have a direct chat with ROC people. Also check MCA comment on your first form 32 for appointment by log-in to MCA portal.
Do not forget to accompnied yourself with certified copy of first form 32 for appointment along with paid copy of challan during your ROC visit.
https://www.mca.gov.in/DCAPortalWeb/dca/MyMCALogin.do?method=setDefaultProperty&mode=39
Sincerely hope this suggestion would be off some help.
Best Regards
CAclubindia
