hi frndzzzzzzzzzzzzz...................
plzz............ tell me that if a director dont have DIN and he wants to resign from a pvt co. what is the procedure of resignation in this situation.
5 Replies
Jagruti (CS)
(Service)
(1953 Points)
Replied 14 August 2010
it is mandatory that to fie Form 32 u have to get DIN of a director.
Hence first apply for director DIN & later file form 32
pankaj
(CA Final)
(381 Points)
Replied 14 August 2010
plzzzzzzz..........tell me one thing more that we have been reappoiting that director in every AGM since 2006.can we say that these reappointments r valid.....................
Neha Gupta
(PCS)
(377 Points)
Replied 14 August 2010
AS per new form 32 if a Director who ceased to be associate with the Company on or before 31st October, 2006 then no DIN is required only PAN no. will b sufficient by clicking option No. 8 of Form 32 for filing their resignation.
but if he ceased to be Director of the Company after 31st October, 2006 then DIN is mandatory.
As per provisions of Section 254, 255 of Companies act, 1956 2/3 Directors are Eligible to retire by rotation and out of which 1/3 are liable to retire by rotation and also eligible for reappointment, but these provision will applies to PUBLIC CO. and PVT. Company which is subsidiary of Public Company.
and as per section 260 as additional director can regularised in General Meeting of a Company and ones it is regularised in AGM. Then no need to reappoint him again and again every year in case of PVt. Company.
However the provisions of Retirement by rotation are also applicable on a Pvt. Company which is not subsidiary of Public Company, if Articles so Provide...
AS per my opinion,
In your case in a PVT. Company until AOA provide the provisions for retirement of Directors by Rotation and their reappointment …. u r not in need to do so
pankaj
(CA Final)
(381 Points)
Replied 14 August 2010
thanksssssssssssssssssss mam........................>>>>>>>>>>>
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