Form 20b-can same din be filled in field 12.i. & 13.i.

This query is : Open

Guest

Guest (Querist)

02 December 2011 Dear Friends / Experts,

Please see the following :

Query

Whether same DIN can be filled in Form 20B - one for existing WTD designation and another for Alternate Director cessation since the date of last AGM and up to the date of AGM 30.09.11.

Ans : ................................

By doing so, will it impact the existing DIN in the LIST OF SIGNATORIES OF MCA PORTAL.

Please clarify from the experience gained on such situation.

I shall wait for the response.

Thanks.

Charu Srivastava

Charu Srivastava (Expert)
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02 December 2011 No,DIN is alloted for life time. one DIN for one person. so you cannot use your same DIN for two different individual.

Guest

Guest (Querist)

03 December 2011 Sorry. I have not mentioned the fact. Please see the following and express your views :

ABC Limited is filing Form 20B for FYE 31.03.11. Company had its AGM on 30.09.11.

Company had an Alternate Director – A, who resigned on 01.05.11 (his appointment was on 15.05.2005).

Thereafter, the same person, A was appointed as Additional Director on 01.06.11 and in the EGM held on 10.06.11, A’s designation was changed as Whole Time Director.

Query

Whether company should provide the details of A in the capacity of Alternate Director for his cessation on 01.05.11 in Form 20B – Page 5 – V. Details of director(s), Managing Director, manager and secretary who ceased to be associated with the company since the date of last AGM.

Ans : ………………

Please note that A’s DIN in the capacity of WTD is already filled in Form 20B - IV. Details of directors(s), Managing Director, manager and secretary as on the date of AGM.

In short, can the same DIN appears in two places. One for existing WTD and another for same person's cessation as Alternate Director.

Will this impact the LIST OF SIGNATORIES OF MCA. (I am sure, NO).

I have verified the MCA Portal with the same DIN (pertaining to same person) mentioning in two places in Field No.IV and Field No.V and it seems NO ERROR from the MCA portal for using same DIN as detailed above.

Please clarify from your experience.

Thanks.

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RG - A Helping Hand

RG - A Helping Hand (Expert)
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03 December 2011 If a person is promoted from the position of Alternate Director to WTD in your company then it is the case of change in designation and not the case of cessation of directorship.

Hence in your case there is no need to fill 13.i bcoz the person is still associated with the company.

RG

Guest

Guest (Querist)

03 December 2011 Though I am thankful to the reply of RG, I may still request to examine the fact and please express views.

I may wait for views of CS too.