Additional director

MCA 348 views 2 replies

ankit somani

Partner

82 Points Joined November 2013

Hi friends,

Query 1

Is MGT 14 no longer required even for SPECIAL BUSINESS in private companies? I mean whether only DIR 12 is to be filed for confirming Additional Director into Permanent Director?

Pls send me the relevant MCA extract

Query 2

In many companies, form DIR 12 could not be filed to confirm Additional Director into Permanent Director till 30th Oct 2015 (assume AGM date: 30/09/2015)..... Can a company appoint a director in AGM with a pre condition (well mentioned in resolution also) to appoint director FROM 15TH October (TO SAVE PENALTY OF DIR 12 & MGT 14(if reqd))

Query 3

Can any company confirm additional director in EGM also (properly held before due date of AGM)?

Suppose that EGM is held in May 2015 (whether MGT 14 is required to be filed) Pls solve the issues..... I would be grateful...

WARM REGARDS

FCA CS ANKIT SOMANI

CA (First Attempt, Ranker)

CS (Ranker, Silver Medalist)
+91-98297-45560

Replies (2)

Kalpesh Veer

PCS

795 Points Joined July 2012

Dear Ankit,

Answer to query no.1

Please check section 117 it clearly mention their only subsection 3 of section 117 require to file form MGT-14 within 30 days along with explanatory statements.

Answer to query no.3

as mention in section 152 (2) directors can appoint only in general meeting hence you can appoint him in EGM as well.

Vickky Dixit

50 Points Joined July 2013

If the additional director is not regularized at the AGM held after his appointment, then he vacates his office, and Form DIR-12 should be filled accordingly. And you can appoint him in EGM also held after his appointment whether that general meeting is held before or after AGM.

Further According to me MGT-14 is also not required in this case.

Other members also give their views.