cpc

to prove that someone is not a director in a company

Managing Director

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

 
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Lawyer in Hyderabad.wats app no.9989324294

ROC  records are only official evidence document.

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

 
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Dy Director

Inspect ROC file by folowing procedure.

 
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Managing Director

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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