Rahul Bhutoria (Article Assistant) (33 Points)
22 June 2018An additional director was appointd in a board meeting and immediately he was given the post of Whole Time Director. Form for appointment as AD and for WTD was filed.
My query is:
Since change of designation was alredy made (from AD to WTD) prior to AGM, and regularisation was also been taken in AGM but no form for same was filed post AGM. Do we need to do file DIR 12? If yes, what designations will be changed if Co want to keep the same WTD?
Jatin Bajaj
(CS)
(2930 Points)
Replied 23 June 2018
As per Section 152 every Director shall be appointed in the General meetting. But as per section 161 (1), for immediate appointment of directors the Company as per Section 161 (1) appoints additional director, so such director should hold the office till Annual General Meeting. So change in designation can be done at AGM of the Company if such director was appointed as Additional Director and within 30 days of AGM , the fresh Form DIR 12 again needs to be filled for change in designation from additional to whole time director
Rahul Bhutoria
(Article Assistant)
(33 Points)
Replied 25 June 2018
But in the particular case, the AD was immediately given with the position of WTD and DIR was filed to that respect, but AGM was conducted post 30 days. What will be the requirements in this case?
CAclubindia
