Dir-3c & dir-12

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This query is : Resolved

Lubhani (Querist)

18 June 2016 We have incorporated a company using INC-7 and now we have filed DIR-12 appointing 2 directors as well. Do we still need to File DIR-3C & are the directors liable to intimate their DIn's to the company in DIR-3B still.
Exactly when is a director required to file DIR-3B with the company & when is a company required to intimate the ROC using DIR-3C.
Thanks in advance.

Lubhani

Lubhani (Querist)

18 June 2016 According to me the provisions under Section 156 & Section 157 apply in case of Directors who have been appointed prior to the applicability of Companies Act, 2013 , without their obtaining a DIN no. Since now there is no provision of appointing a person as a director without a DIN, these provisions are not applicable to the Directors appointed under the present Cos Act, 2013.
Kindly clarify if my view is correct.

Jatin Bajaj

Jatin Bajaj (Expert)

19 June 2016 According to section 156 , 157 read with Rle 10 A of appointment and qualification of Director rules :
Every Director within one month from receipt of DIN from central government shall intimate DIN to company and other Company in which he is the director.
And every company shall within 15 days of receipt of information as per section 156 shall inform ROC INN fORM DIR 3C which is mandatory
And according to Rule 10 a, EVEY dIRECTOR WHO IS FUNCTIONING AS THE DIRECTOR IN ONE OR MORE COMPANY ON OR BEFORE 30TH JUNE 2007 AND WHO HAS NOT INTIMATED HIS DIN TO COMPANY WITHIN 30 DAYS OF RECEIPT FROM CG, SHALL INTIMATE DIN TO ALL COMPANIES IN WHICH HE IS THE DIRECTOR IN FORM 3 B

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