LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Regularization of additional director

Dhara (Company Secretary) (298 Points)

12 September 2016

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

Reply
Follow
Share

13 Replies

Pratik Shah (Practising Company Secretary) (4432 Points)
Replied 12 September 2016

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.

Dhara (Company Secretary) (298 Points)
Replied 12 September 2016

So now i File Form DIR 12 and change its designation to Director??

Pratik Shah (Practising Company Secretary) (4432 Points)
Replied 12 September 2016

Yes...you will need to pay 12times additiona fees.

1 Like

Esha agarwal (N.a) (45 Points)
Replied 12 September 2016

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.

Dhara (Company Secretary) (298 Points)
Replied 12 September 2016

Hi,

U just need to change the designation to "DIRECTOR" and attach AGM Resolution for "Regularisation of Director" and DIR 2- Consent

Esha agarwal (N.a) (45 Points)
Replied 12 September 2016

DIR 2 consent i have to get again. As we have already attained the consent in january 2016??

Pratik Shah (Practising Company Secretary) (4432 Points)
Replied 12 September 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.

Esha agarwal (N.a) (45 Points)
Replied 12 September 2016

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.

Esha agarwal (N.a) (45 Points)
Replied 14 September 2016

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?

Dhara (Company Secretary) (298 Points)
Replied 14 September 2016

Dear Esha

AGM Date would be date of appointment of AD to Director

Esha agarwal (N.a) (45 Points)
Replied 14 September 2016

Thank you mam. But we need not to get Dir 2 signed by the director? Right?

Dhara (Company Secretary) (298 Points)
Replied 14 September 2016

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.