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Change in directors of pvt ltd company

27 October 2018

One query

A private limited company having turnover less than 1 crores and have 2 directors.

now promoter want to remove one director and add new person as director

what is the process to change the director

can we file single form for addition and removal of directors, if yes which will be the form

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10 Replies

CA Ankit R Momaya (Partner at Bhat Momaya & Associates) (2304 Points)
Replied 27 October 2018

You can file Form DIR 12 for the same

AMLAN12. (STUDENT) (120 Points)
Replied 27 October 2018

under what circumstances should the director be removed from his office. this must be checked under section 164 of the act

Satish Kavitake (389 Points)
Replied 27 October 2018

on sue motto basis, director want to resign

CS Nagesh Rudrakanthwar (Manager - Company Secretary & Legal At Reliance Industries Limited) (399 Points)
Replied 27 October 2018

If sue motto director wants to resign then take his resignation, hold board meeting appointment new director as an additional director and take a note of the resignation of the existing director. File form DIR-12 one for both of them

Satish Kavitake (389 Points)
Replied 27 October 2018

whether board meeting for both event i.e. resignation and appointment would be the same...??

CA Ankit R Momaya (Partner at Bhat Momaya & Associates) (2304 Points)
Replied 27 October 2018

Yes, appoint the new director first and then accept the resignation of the second director

Satish Kavitake (389 Points)
Replied 29 October 2018

and before that , new additional has to apply for DIN in DIR -3 ??

Shrijay Sheth (Co-Founder) (2692 Points)
Replied 29 October 2018

Yes, you can certainly file single form for the addition and removal of directors at the same time based on date of events. To know more about chaneg in directors, this link will certainly help you: Add or Remove a Director (Company)

Process in Brief:

Apply for DIN (in form DIR-3) for new director, if s(he) does not hold DIN
Passing resolutions for appointment and resignation of director
In case of resignation, the exiting director may intimate about the resignation in the form DIR-11 (optional at the descretion of director)
Company to file Form DIR-12 for addittion and removal of director

I hope this answers both your questions. If you need professional's help for the process, feel free to connect with LegalWiz.in experts on 1800-313-4151 or at support @ legalwiz.in.

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