Incorporation

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Dinesh (Querist)
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22 June 2015 DEAR EXPERTS,
I HAD FILED FOR INC 1 WITH 4 DIRECTORS , NOW I WANT TO FILE INC 7 DIR 12 AND INC 22 WITH 6 DIRECTORS,... CAN I DO SO ?

Dinesh

Dinesh (Querist)
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22 June 2015 BECAUSE AT THE TIME OF FILING INC 1 THERE WERE DIN OF ONLY 4 DIRECTORS.

Dinesh

Dinesh (Querist)
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22 June 2015 KINDLY REPLY , THANKS

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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01 August 2024 Yes, you can file the necessary forms to include additional directors in your company even if the initial INC-1 (Name Approval Form) was filed with only 4 directors. Here’s a step-by-step guide on how to proceed with adding directors through the relevant forms:

### Steps to Add Directors

1. **Obtain DIN for Additional Directors**:
- Ensure that the additional directors have obtained their Director Identification Number (DIN) through Form DIR-3.

2. **Filing Form INC-7 (Incorporation of Company)**:
- Form INC-7 is used for the incorporation of a company.
- You need to mention the details of all the proposed directors (initial 4 directors and additional 2 directors) in this form.
- Attach the necessary documents such as Memorandum of Association (MOA), Articles of Association (AOA), affidavits, and declarations from all directors, etc.

3. **Filing Form DIR-12 (Particulars of Appointment of Directors)**:
- Form DIR-12 is used to intimate the Registrar of Companies (RoC) about the appointment of directors.
- Include the details of all 6 directors in the form.
- Attach the consent to act as a director (Form DIR-2) and the appointment letter of the new directors.

4. **Filing Form INC-22 (Notice of Situation or Change of Situation of Registered Office)**:
- If there is a change in the registered office, file Form INC-22.
- Ensure that the details of the registered office are correctly filled.

### Steps to Follow

1. **Preparation of Documents**:
- Obtain DIN for the additional directors.
- Prepare consent forms (DIR-2) for all directors.
- Draft the board resolutions for the appointment of the new directors.

2. **Filing Forms**:
- **INC-7**: Fill in all the required details and attach the necessary documents.
- **DIR-12**: Provide details of all 6 directors and attach the necessary documents.
- **INC-22**: Fill in the details of the registered office (if applicable).

3. **Pay Fees**:
- Pay the necessary government fees for each form as per the MCA fee structure.

4. **Submission and Approval**:
- Submit the forms online through the MCA portal.
- Track the status of your application through the MCA portal.
- Once approved, the details of the new directors will be updated in the MCA records.

### Important Points

- **DIN Requirement**: Ensure all directors have valid DINs before filing the forms.
- **Proper Documentation**: Attach all required documents, such as consent forms, ID proofs, and board resolutions.
- **Form Filling**: Carefully fill in the details in each form to avoid rejection or resubmission.

### Professional Assistance

Considering the complexities involved in the incorporation process and adding new directors, it’s advisable to seek the assistance of a Company Secretary (CS) or Chartered Accountant (CA) to ensure that all forms are correctly filled and submitted without errors. They can guide you through the entire process and handle communications with the Registrar of Companies (RoC).

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