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Appointment of new director


Shishir (Professional)     09 September 2019

Shishir
Professional 
 31 points

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There were two directors in a pvt ltd company. One of the directors died. A new director has to be appointed but the address KYC of the registered office has not yet been done. For doing the address KYC, the Digital signature of both the existing directors have to be used but again, one of the directors has died. 

How can we get a solution to this problem. 

Would really appreciate your insights. 

Thank you. 

 

 

 

 

avater

Rajanikanth (Ca_Articalship)     09 September 2019

Rajanikanth
Ca_Articalship 
 6 likes  215 points

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we can signed directly na no need of directors presence

Shishir (Professional)     09 September 2019

Shishir
Professional 
 31 points

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Dear Rajnikanth, could you please clarify how we can do the address KYC without both directors DSC?

Nilaxi Patel   09 September 2019

Nilaxi Patel

 6 points

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it is casual vacancy and as per section 152 ( 2) of the companies act 2013 , one can appoint director by conducting general meeting with the approval of members, as per my knowledge

Shishir (Professional)     10 September 2019

Shishir
Professional 
 31 points

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I would like to clarify my question:
Since address KYC is not done, we are not able to appoint a new director because for doing address KYC we need the DSC of both the directors but one of the directors had died.

So:
How can we successfully do the address KYC with only one director

Or
Is there anyway that we can appoint a new director before doing the address KYC

avater

Viraj Mehta   10 September 2019

Viraj Mehta

 14 points

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It means INC-22A not filed then DIR-12 is not filed except cessation

Shishir (Professional)     11 September 2019

Shishir
Professional 
 31 points

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So do we have any way to get the address KYC done now. Please advise it is very urgent

Shishir (Professional)     11 September 2019

Shishir
Professional 
 31 points

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So do we have any way to get the address KYC done now. Please advise it is very urgent

avater

Viraj Mehta   11 September 2019

Viraj Mehta

 14 points

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Request to ROC for app. of new director through provide physical doc. which is required & tell them your query.
After app. of new director through ROC then you can filed INC-22A KYC

Shishir (Professional)     05 November 2019

Shishir
Professional 
 31 points

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ROC has asked to file a representation with the Ministry of corporate affairs. Is there any way around this? If this is the only way than how long does it take for Ministry to resolve thisĀ 


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