Date of Event for filing form 32 in case of Death of Director

[Abhishek Bharadwaj A.B.]

Dear Friends,

Consider a situation where death of a director has happened in the month of August.

The resolution effecting cessation of office of Director causing out of death is carried out in the month of September.

And the authorization to file form 32 is also given in the meeting held in the month of september.

In this case the directors office is vacant and cessation has to take effect form the month of august itself.

My query is for calculating fee for filing form 32, which date will be considered, is the date of death or the date of board meeting.

Kindly clarify the doubt.

Thanking you,

Regards:

Abhishek Bharadwaj A.B

[csarengarajan]

It is not a matter of informing to the board, here it should be date of death of the person.  In case of  resignation, the board has to accept whereas death, it should be date of event since the person will not be alive on those date and it is not a matter even if u inform after one year, the form 32 ceassation will take place from the date of death of a director. He is no more exist in the world.

 

Contrary view solicited

 

Regards

 

On 10/14/09, Jayashree Chandrasekaran <jayash...@gmail.com> wrote:

I feel it should be date of board meeting...consider if the death is not informed to the board...only when the Board gets notice it can take action

Jayashree

On Wed, Oct 14, 2009 at 6:52 PM, raja karthik <rkart...@gmail.com> wrote:

I agree with Mr. Yogan..for calculating the fee it is certainly date of death as per the death certificate. The fact that you took note of the same in board meeting held after 1/2/3... months will not make any diffrence...

 

Regards,

Karthik

 

On 10/14/09, yoganand l <cs.y...@gmail.com> wrote:

certainly the date contained in the death certificate.

yogan.

 

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[venkata ramana]

 Certainly,it is the date of demise/death of the Director deceased which will be effective.There cannot be any other opinion about this aspect for the purpose mentioned.

[Natesh Kalidevapur]

you need to calucalate from the date of Death. I do agree with Mr.Rangarajan

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[Nithya Jayakumar]

Even in case of resignation of a director, the effective date would be the date of his letter or the date he mentions in the letter to be taken as effective date and not when the board accepts his resignation.  However in case of whole time directors who have service contracts with the company, the date of resignation would be the date when board accepts the resignation.

 

Contrary views solicited,

 

Regards

J. Nithya

On Wed, Oct 14, 2009 at 10:18 PM, csarengarajan <csaren...@gmail.com> wrote:

[raja karthik]

Agree with Ms. Nithya...

 

Regards,

Karthik

 

[venkata ramana]

Filing F.32 mentioning date of death as date of cessation is  the right manner.Submit it with the filing-fees in set time-frame.Date of holding a Board meeting noting the deceased ex-director's cessation at a subsequent date does not amount to any transgreesion or default nor violation.If any objection be raised,apply to the ROC and seek his condonation/ratification/approval under his discretionary-powers ,having due regard to the facts and circumstances of the case.

[Abhishek Bharadwaj A.B.]

Dear Mr. Vinay, Mr. Yoganand, Mr. Raja Karthik, Mr. CS Rentajaraj, Mr. Venkata Ramana, Ms. Jayashree Chandrasekaran and Ms. Nitya Jayakumar

Thanks for expressing your views on the topic, it is indeed helpful to me.

Thanking you,

Regards:

Abhishek Bharadwaj A.B