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Jagannath (Managing Director)     16 March 2013

To prove that someone is not a director in a company

Under the Company's Act 1956. An additional Director's appointment is for a period of 1 year or till the next AGM or if not held by 30th Sept, when he will automatically retire due to the efflux of time, even if a Form 32 resigning from the Company is not carried out. - This is my reading of the law (please correct me if i am wrong)

In a pecular legal matter, It is required to prove that someone was not a director. While the adage that you cannot prove a false holds true, this situation is unique. One can prove that one was a director by perusal of the ROC records either online or by doing a physical search of the records stored. In this case it is required to prove that the person was not a director.

How does one do that?

 

Regards,

 

Jagannath



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 March 2013

ROC  records are only official evidence document.

devdatta Jadhav (advocate)     16 March 2013

Form 32 is filed with ROC, as cessation of directorship is change

Sudhir Kumar, Advocate (Advocate)     17 March 2013

Inspect ROC file by folowing procedure.

Jagannath (Managing Director)     19 March 2013

Dear Sirs,

Thanks for your replies, however inspection of ROC records is a definative proof of being a director as FORM 32 will exist. Additionally inspection is to be done either by a CS or a CA. The point in question is that these persons can be disputed as private individuals who are giving a certificate post inspection of the records.

Is there any public forum / Govt. of India agency which will issue such a certificate that xxx persons are presently directors of the company and yyy persons were directors of the company from dd1/mm1/yy1 to dd2/mm2/yy2

Some light in this aspect will be appreciated.


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