Regularisation of additonal director

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subodh (Querist)
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15 July 2014 One pvt company having three directors and all ofare additional director,Out of three Directors Two Directors are Additional Dairector Since 2008 and other Since 2012. Please Tell me the Procedure to Regularise them and Resolution if any.

Ankur Garg

Ankur Garg (Expert)
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15 July 2014 An additional director can hold office till the conclusion of next AGM. So as a process companies used to pass resolution for regularization of additional directors in the AGM.

So pass necessary resolutions in back date and file form DIR.12 for their regularization. For better understanding and clarity, please contact a professional firm of CS or CA.

Thanks

subodh

subodh (Querist)
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16 July 2014 Thank you sir.

sir. two director Appointed as Add. Director on 10.07.2008 and Agm Date is 30.12.2008, my question is on Which AGM date shall pass a resolution i.e 30.12.2008 or 30.12.2009. Fy is From July to June.

One more thing that, Company showing add. Director in Annual Return as well.

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Ankur Garg

Ankur Garg (Expert)
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16 July 2014 Directors appointed in July 2008 can act as additional director till 30.12.2008 i.e. the date of AGM. So in the AGM dated 30.12.2008, pass member resolution to regularize both directors and file form DIR.12 with late fees.

Thanks

Ankur Garg

Ankur Garg (Expert)
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16 July 2014 As far as Annual return is concerned, you can say it was clerical error as we regularize them in AGM dated 30.12.2008. Also prepare your minutes.

Thanks

subodh

subodh (Querist)
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16 July 2014 thanks alot sir.

Where can i show clerical mistake and do i need to mentioned this in resolution dated 31.12.2008.

Ankur Garg

Ankur Garg (Expert)
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16 July 2014 No need to show clerical mistake anywhere. This is an internal answer.

You simply understand that regularization had been done in AGM of 2008 though form filing with ROC was pending. By mistake staff member had put him as additional director in annual return filed in later years as they were not aware about the fact that current designation is Director.