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Ranjan   19 July 2018

Urgent help eow matter

Hi
I was a director with a company from 2009 to 2010
For personal reasons I resigned from the company on 25-Jan-10 but the company put in my effective date of resignation in the filed Form 32 in ROC as 1-Feb-10.
During that last week when I had resigned I use to visit the office and was still an authorised signatory.

And during that last week precisely on 28-Jan-10  I signed a cheque which was given to another company for purchasing stock.

However this company in which I was involved was chargesheeted by EOW for fund embezzelement and I have been implicated as a director  of the company by EOW for the helping the company in embezelling funds vide the cheque dated 28-Jan-10.

  1. My query to all experts is that as I was not a director and just an authorised signatory can I provide this plea to EOW.
  2. Also filing form 32 is not the director responsibility but that of the company and if the company did not file my resignation by 27-Jan-10 how am I to be blamed.
  3. I would also like to know that in trying to explain EOW that there is always logically a time period between the director resigning and the details being updated on ROC   

Please guide me as I am under tremendous stress.

Ranjan



Learning

 3 Replies

R.Ramachandran (Advocate)     19 July 2018

What date of resignation is indicated in the Form-32?

If the Date of resignation indicated in the Form-32 is 1.2.2010, then you cannot say that you were not a Director on is 29.1.2010.

Therefore, the date of resignation indicated in the Form-32 is crucial to your case.

Ranjan   19 July 2018

But I have resigned and have a letter to that effect...also ROC states as date of cessation 

Can a board resolution for accepting the resignation and other formalities to complete director resignation be completed in one day only??

Plz advice

R.Ramachandran (Advocate)     19 July 2018

As per ROC records, what is the date of your resignation?

What is the date on which the Board Resolution accepting your resignation was passed?

Pl. indicate what documentary proof that you have to say that you have been made the Authorised Signatory to sign the Cheque?

 


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