07 January 2015
Plz tel me additional director Appointed on 5th April 2013. But not became directors in agm in sept 2013. Though filed 20b in 12-13 n 13-14 showing them as directors. Plz suggest a way to rectify the error
24 July 2024
If an additional director was appointed on 5th April 2013 but did not become a director in the Annual General Meeting (AGM) held in September 2013 as required, there are specific steps you can take to rectify this error:
### Rectification Steps:
1. **Determine Status of Additional Director**: Verify the status of the additional director in the records of the company. Even though the Form 32 (which is used for filing particulars of appointment of directors) was not filed, it appears from your query that the director was incorrectly shown as a director in Form 20B for the financial years 2012-13 and 2013-14.
2. **Rectification in Form 20B**: If the Form 20B for those financial years incorrectly shows the additional director as a director, you should rectify this by filing revised Form 20B with the Registrar of Companies (RoC). The revised Form 20B should reflect the correct composition of the board of directors for those years.
3. **File Form 32**: Since the Form 32 was not filed at the time of appointment, you need to file Form 32 now to rectify the omission. Form 32 should be filed with the RoC to regularize the appointment of the additional director.
4. **Additional Steps**: - Obtain the necessary resolution passed by the Board of Directors for the appointment of the additional director on 5th April 2013. - Prepare and file Form DIR-12 (Particulars of appointment of directors and the key managerial personnel and the changes among them) along with the required documents including board resolution, consent to act as director, etc.
5. **Consult Professionals**: If you are unsure about the exact procedure or the specific forms to be filed, it is advisable to consult with a company secretary or a legal professional who specializes in corporate law. They can guide you through the process and ensure compliance with all regulatory requirements.
### Importance of Compliance:
- **Legal Compliance**: Correct and timely filing of forms with the RoC ensures compliance with the Companies Act, 2013. - **Avoid Penalties**: Failure to comply with statutory requirements can lead to penalties and legal consequences for the company and its directors.
By following these steps and ensuring proper documentation and filing, you can rectify the error related to the appointment of the additional director and maintain compliance with company law.
CAclubindia
