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Single form 32 ?- 2dirs resignation n 2 new appointment ?

CA Abhishek Singh (practice) (2111 Points)

21 March 2013

Hello everyone,

Mr. A & Mr. B are directors of a private company. they both r resigning and

two new directors Mr. C & Mr. D are to be appointed in their place.

DSC Mr. A is valid.

my question :

can we file single form 32 for appointment and ceassation and use DSC of MR. A ??

waiting urgently for your reply.

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10 Replies

CA Harish Negi (Never Say Die) (860 Points)
Replied 21 March 2013

Please note the following –

• You can file this form with different event dates (date of appointment, date of change in

designation and date of cessation) only if these dates are within 30 days of the filing date. If

any of the date(s) are beyond 30 days, then separate form is to be filed for every such event

date. For example:

"Director A is appointed on 1st April, Director B is appointed on 18th April, and Director C

ceases to be associated with the company w.e.f. 18th April. In such a case details of all the

three changes can be filed through the same Form 32 only if the Form is filed on or before 1st

May, as all the events fall within 30 days. However, if the company files the Form 32 on 10th

of may, then details in a separate Form would be required to be filed in respect of Director A."

However, in case the form is filed for Managing Director or director(s) who ceased to be

associated with the company on or before 31st October, 2006 and do not have DIN, then if the

event date(s) (date of cessation) entered in such blocks for cessation of director is within 30

days of each other then separate filing shall not be required.

• For filing of details of two or more events (for example, appointment and cessation) relating to

the same person, you are required to file separate forms. These cannot be filed through the

same form.

• It is advised that you file the forms in the chronological order of events. It implies that before

filing this form you should ensure that no Form 32 is pending to be filed for the particular

company where the date of event is earlier than the date(s) entered in this form.

• Please note that Form DIN-3 is also required to be filed for appointment of any director,

managing director, manager or secretary in the company; where the date of appointment is on

or before 30th June’2007.

GOOD LUCK

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Priyanka (Assistant Company Secretary) (905 Points)
Replied 21 March 2013

Single form is bit difficult.You can try this:

Place the appointments first then the resignation in the same form.Perhaps this could work

Neha Gupta (PCS) (377 Points)
Replied 21 March 2013

With DSC of "A" of can file appointment of C and D, then u need DSC of any of the existing Directors i.e. C or D to file Resignation of A and B. So all filing cannot be possible with one form 32, u need to file two separate form 32 with different DSC of Directors.

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Ankur Garg (Company Secretary and Compliance Officer) (114778 Points)
Replied 21 March 2013

Agree with learned member Neha.

Filing of single form 32 for above appointment and resignation is not possible for 2 simple reasons:

Signature of Mr. A cannot be used to sign his own resignation.
Further there should be at least 2 directors in Pvt. Company u/s 252.

So first appoint 2 new directors take signature of any one of them and then file resignation of old 2 directors with sign of new directors as suggested by Ms. Neha.

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ROSHAN BHARTIA (ACCOUNTANT AND CA ARTICLE) (2250 Points)
Replied 22 March 2013

ABHISHEK JI U CAN DO SO

THE DIRECTOR SHOULD APPOINT BEFORE RESIGNATION SUPPOSE U WANT TO AAPOINT HAVE TWO DIRECTORS A & B AND U WANT TO RSIGN C AND D THEN U SHOULD APPOINT 21/03/2013 AND RESIGN 22/03/2013 U CAN USE ANY RESIGN DIRETOR DSC

I HAVE TO DO MAY FORM 32 LIKE THIS

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ROSHAN BHARTIA (ACCOUNTANT AND CA ARTICLE) (2250 Points)
Replied 22 March 2013

I WILL GIVE U AN ATTACHMENT WITH CHALLAN U CAN SEE IT

Attached File : 602188 1154266 alluvium 32.pdf downloaded: 329 times

ROSHAN BHARTIA (ACCOUNTANT AND CA ARTICLE) (2250 Points)
Replied 22 March 2013

ABHISHEI HAVE FILLED SO MANY FORMS LIKE THIS HERE IS ATTACHMENT CHALLAN

Attached File : 602188 1154269 www mca gov in dcaportalweb dca paymentaction.pdf downloaded: 235 times

Sneha (Company Secretary) (1594 Points)
Replied 22 March 2013

It might have been done, but lawfully one should file two different forms. As explained by learned members Nehaji and Ankurji..

CA.SKR (CA; CS-Final (One Group); DISA (ICAI); Insolvency Professional) (442 Points)
Replied 22 March 2013

Agree with both Neha Gupta & Ankur Garg.

sangram ghatge (company secretary in practice) (198 Points)
Replied 26 March 2013

i agree with neha, ankur and sneha.

dear roshan,

u might have done it. but legally its wrong and the ROC might take action against the certifying professional when he comes to notice it. so please do not do it again.

regds,

sangram

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