19 July 2018
Sir/Madam A private Limited Company with 2 directors One director retires and files DIR-11 on 26/04/2018 without intimation. He sends Late intimation to Company on 10/06/2018. New director has been finalized and DIN of new director received now. Company has not filed DIR-12 for appointment of New director nor has it filed cessation of retiring Director yet. What is the way forward in this matter. What will be the Implications on the Company. Thanks
20 July 2018
As per Section 168(2), resignation of director shall take effect from the date on which resignation is recieved by the company or the date, if any mentioned by the director in the notice, whichever is less. In your case, since company has recieved intimation on 10/06/2017, then company should have filed DIR-12 for his cessation within 30 days thereof and new director should also be appointed within reasonable time to meet the crirteria of minimum number. You should file DIR-12 for appointment of director first and then file DIR-12 for cessation of such director with additional fees.
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