Additional director

This query is : Resolved

ankit somani (Querist)
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31 October 2015 Hi friends,

Query 1

Is MGT 14 no longer required even for SPECIAL BUSINESS in private companies?
I mean whether only DIR 12 is to be filed for confirming Additional Director into Permanent Director?

Pls send me the relevant MCA extract

Query 2

In many companies, form DIR 12 could not be filed to confirm Additional Director into Permanent Director till 30th Oct 2015 (assume AGM date: 30/09/2015).....
Can a company appoint a director in AGM with a pre condition (well mentioned in resolution also) to appoint director FROM 15TH October (TO SAVE PENALTY OF DIR 12 & MGT 14(if reqd))

Query 3

Can any company confirm additional director in EGM also (properly held before due date of AGM)?
Suppose that EGM is held in May 2015 (whether MGT 14 is required to be filed)

Pls solve the issues.....

I would be grateful...

WARM REGARDS
FCA CS ANKIT SOMANI
CA (First Attempt, Ranker)
CS (Ranker, Silver Medalist
+91-98297-45560

CS Amit Srivastava

CS Amit Srivastava (Expert)
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02 November 2015 For query 1

MGT-14 is filed for special resolution not for special business.

Even though confirmation of addition director is special business but requires ordinary resolution for which no need to file form MGT-14 only DIR-12 will work.

Other views of the members are solicited.