Dear All,
In one of my Company a person is appointed as Additonal Director in the year 2012 then he was not regularised in 2012 AGM , in such case he would vacant the office as Director.
If i want to Regularise him as Director in this year AGM ie in 2016 what can be done?? it just came to my notice
File a form with additional fees. That's the only option you have. Else, he should have been vacated the office in 2012 AGM and Form 32 should have been filed at that time for cessation of his directorship.
So now i File Form DIR 12 and change its designation to Director??
Yes...you will need to pay 12times additiona fees.
I have a query on the same question. Can u please tell..
Additional director appointed in 2016 january and now he is eligible to appoint in AGM. So what documents we should file with Form DIR 12
Will the same Letter of appointment, Board resolution will work?? or we need to make new appointment letter and Board Resolution?
As in the form DIR 12 we will show change in designation only.
Hi,
U just need to change the designation to "DIRECTOR" and attach AGM Resolution for "Regularisation of Director" and DIR 2- Consent
DIR 2 consent i have to get again. As we have already attained the consent in january 2016??
For Change in Designation, no attachments are mandatory. You can file the form without any attachments. However, you can attach AGM resolution. Form DIR-2 is not required to be taken.
| Originally posted by : Pratik Shah | ||
 |
For Change in Designation, no attachments are mandatory. You can file the form without any attachments. However, you can attach AGM resolution. Form DIR-2 is not required to be taken. |  |
Thank you so much. I was in doubt what to attach with the form. Now the problem is solved.
One more doubt? What will be the date of appointment in case of the additional director appointment?
will it be AGm date or the previous DIR 12 date?
Dear Esha
AGM Date would be date of appointment of AD to Director
Thank you mam. But we need not to get Dir 2 signed by the director? Right?
Dear Esha,
If u see the form NO ATTACHMENTS are required to file this form. But safer side u can attach AGM Resolution.
In case of DIR 2 - it is not complusory but i had attahed it. u can attach the same u had attached in DIR 12 before , y u want to agiain make a new DIR 2. U would had already made it before.
Thank you mam. I Understood.
CAclubindia
