Dir-12

This query is : Resolved

Kaushik Vinod (Querist)
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21 August 2014 Sir if we are appointing a Director in a Pvt Ltd Company do we need to appoint him in EOGM ?
Deposit of Rs. 100000 is mandatory for all companies including small company ?
Can we appoint him in the BM also ?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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22 August 2014 You can appoint director in BM as additional director subject to regularization at GM.

Ankur Garg

Ankur Garg (Expert)
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23 August 2014 If you take the route of appointment as additional director than you have to regularise him as director later in the AGM u/s 160 where process of Rs. 100000 is mandatory.

So I would suggest you to appoint the director directly in the General meeting to avoid process of section 160. In that you you have to file single form DIR 12 and no need to follow regularisation process.

Thanks

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Ankur Garg

Ankur Garg (Expert)
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23 August 2014 However you may refer my article Procedure for appointment of Additional Director in CA 2013, in case you want to follow additional director appointment route.

https://www.caclubindia.com/articles/procedure-for-appointment-of-additional-director-in-ca-2013-20653.asp

Thanks

Kaushik Vinod

Kaushik Vinod (Querist)
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26 August 2014 If we appoint him in the EGM then deposit of Rs. 100000 is not mandatory ?
Do we have to file MBP-1 for the new Director

Ankur Garg

Ankur Garg (Expert)
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26 August 2014 Obviously yes.

MBP.1 for new director would be required. Disclosure u/s 184 is necessary even for new director.

Thanks