Form 32 not updated in roc
Dipak Das
(Querist) 13 January 2014
This query is : Resolved
I was the Director in the company till Aug 2009.As they were not paying salary I resigned from the Directorship of the company by giving letter to the other Director which he received but no acknowledged.I ask him to file my form32 which has not been filed till today with ROC.
I never got any salary after April 2009 and since no money coming I resigned.I got new job as an employee in pvt ltd company for which I have Form 16.
As the company not updating my records after repeated reminders I complain to the ROC in 2011 who registered my complaint and sent notice to company regarding my complaint.
But the registered address of company now changed and ROC letter never received.ROC then send another letter to the registered address on why address changed and record not updated.That letter also returned.
ROC has sent me copy of both letters.On checking company records online it show the company in which I director not filed returns with ROC since 2009-10.
Now ROC registered complain against the company.
But what should I do so ROC update record and I resign from company in Aug 2009.
Am I in problem with ROC and other goverment organisations.Please guide
Vidhi Joshi
(Expert) 13 January 2014
If you have given your resignation then don't worry as it is responsibility of the company to file form 32 and not yours, so the liability is upon them to give reason for not filing the e form.
ajay sethi
(Expert) 13 January 2014
it is responsibility of company to file form 32
ajay sethi
(Expert) 13 January 2014
in duyshant Anjaria v/s wall street finance 2001 comp cases 655 Bom
it was held resignation of director effective from date his resignation is submitted . so far as formalities of from 32 and submitting to ROC is concerned it is company responsibility to comply with them in conformity with provisions of section 302 / 303 of companies act . where there was delay or negligence in intimating the registrar about date of resignation the director who had resigned could not be saddled with responsibility for such delay
Dipak Das
(Querist) 13 January 2014
However I don't have any acknowledgement from the company.I keep asking for acknowledgement but company director not providing acknowledgement saying no need.Now company and other director whereabouts not known.
But I have my bank statement to show I not getting any salary or perks from company even before resigning.Also company not given my Form 16.No AGM held after 2009.Full default by company.
I told this to ROC but as of now no change in ROC site and still showing me director in this company.
My question is how can I convince ROC to change records to show my resignation effective Aug 2009. Now what legal action ROC can take against company and any adverse effects on me.
Also what more document I give to ROC to make my case stronger.
Can I file case against the company on what basis and how as company & director where abouts are unknown to myself.
I would also like to inform ROC to cancel my DIN as it is not in my possession and can be misused.
Thank You
ajay sethi
(Expert) 13 January 2014
you dont have any evidence to show that you have resigned . it is your statement against that of the company .ROC cannot change records to show that you have resigned in aug 2009 you have not
informed/endorsed a copy of his resignation to the Registrar of Companiesin august 2009 ,
if you had done so the Registrar would have enquired into such cases and try to find out whether
such director has actually resigned or not.
Advocate. Arunagiri
(Expert) 13 January 2014
You may inform the ROC along with the copy of the resignation letter you submitted earlier. That is sufficient.
As the company had defaulted, they could not update the directors list.
Atlas Eva
(Expert) 13 January 2014
We are a firm of a firm of Company Secretaries
we can assist you with RoC Matter
we can file legal papers for you, after which RoC will issue notice to company
Contact us on atlaseva@gmail.com
www.atlaseva.co.in
9769797199
Dipak Das
(Querist) 14 January 2014
The company I was director was guarantor for another company that taken a loan from NBFC. I was director when my company agreed to become guarantor.Now the company that take loan has defaulted on cheque payments and I get notice since my company was guarantor. But since I resigned and company not updated details am I at fault.
Also company was guarantor not myself personally and I resign 1 month after company become guarantor. In the agreement with NBFC I not signed but the other Director signed.
What should I do.
ajay sethi
(Expert) 14 January 2014
was your resignation accepted by the company in its next board meeting in 2009?
in any case your are not perosnally liable for debts of company . the company was guarantor . you have not acted as guarantor for loan
Dipak Das
(Querist) 16 January 2014
Since I director in company which defaulted my name in CIBIL.I told my bank that I resigned from company but they not listening even after showing my ROC complaint letter.
No board meeting happened after 2009
Advocate. Arunagiri
(Expert) 16 January 2014
If you have signed in our individual capacity, the bank will not remove your name.
If you have signed as the director under the seal of the company, you are not personaly responsible for the company's default.
Issue notice to the Bank.
Dipak Das
(Querist) 17 January 2014
I want the know the advantage of HUF bank account.Can I get loan in HUF account if my name in CIBIL. If yes what the legal way.
In HUF should me be the karta or my father aged 75 retired.
Also as I not signed as individual but as Director of company from which I resigned what notice I send to the Bank.
Advocate. Arunagiri
(Expert) 17 January 2014
Cibil is not a bank to get loan.
As you have signed as the director of the company under its seal, you are not personally liable for this loan.
It seems that you dont know the correct picture of the loan. I am of the opinion that you would have signed without the company seal. If you have the loan document you check once again.
Dipak Das
(Querist) 17 January 2014
It is a secure working capital loan with a property pledged.The property belong to other director who transferred it to company name and then give to bank for a loan.
I signed as second director.
CIBIL score needed to get personal loan or credit card and as I was director in defaulting company I am considered a defaulter even after resigning from company.
You say that I not personally liable for this loan but bank say Director responsible for loan.Is that so and if not can you plz tell judgement where director is not responsible for loan.
My case is company took loan I resigned from company ,company not updating my resignation detail with ROC,then company default and then my name as a defaulter in CIBIL.Defaulter in CIBIL mean I not getting loan or credit card.
So I ask can I open HUF bank account and apply for loan.
Advocate. Arunagiri
(Expert) 17 January 2014
If you can send me the copy of the loan document, i can give more suggestion.
