Addition and Removal of director

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This query is : Resolved

Shobhit Jain (Querist)

27 April 2022 There were 2 directors in the company. The company mistakingly removed 1 director on 17-03-2022 by filing DIR 12. At that point of time, company had only 1 director.
Now when company is trying to add new director by filing DIR-12 the form is showing error "The count of director is less than minimum requirement"
What is the solution for the error?

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

06 July 2024 The error "The count of director is less than minimum requirement" typically arises when a company does not meet the minimum requirement of having at least two directors, as mandated by the Companies Act, 2013. Here’s how you can address this situation:

1. **Reinstate the Removed Director:**
- Since the company mistakenly removed one director, you should first rectify this mistake by filing the necessary form to reinstate the director who was removed on 17-03-2022 (via DIR-12).
- Once the director is reinstated, the company will again have two directors.

2. **File DIR-12 for Adding New Director:**
- After reinstating the removed director and ensuring there are two directors in the company, proceed to file DIR-12 for adding the new director.
- Ensure that all required details and documents are correctly filled out and attached with the DIR-12 form for adding the new director.

3. **Verify Minimum Director Requirement:**
- Before submitting the DIR-12 for adding the new director, verify that the company meets the minimum requirement of having at least two directors.
- The system should then allow you to proceed with the filing without the error message about the count of directors being less than the minimum requirement.

4. **Consult with ROC Helpdesk:**
- If the error persists or if there are specific technical issues preventing the filing, consider reaching out to the ROC (Registrar of Companies) helpdesk or support team.
- They can provide guidance on resolving technical errors or issues with the online filing system.

By reinstating the removed director first and ensuring compliance with the minimum director requirement, you should be able to successfully file DIR-12 for adding the new director without encountering the error.

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