DIR 12 not filed for Company Secretary

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CS
3 Points Posted on 24 September 2021

hello All

 

Can a Company Secretary files DIR-12 for joining new organisation, when the previous company has not filed DIR 12 for his resignation.

 

Regards

Meenakshi

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On 24 September 2021 at 15:50 Report
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Quick Summary
This discussion addresses a common query: can a Company Secretary file DIR-12 for a new role if their previous company hasn't filed their resignation DIR-12? The advice given is that the resigning director must first file DIR-11 if the company missed the 30-day deadline for filing the resignation DIR-12 with the ROC. Late fees will apply. For the new appointment, the company needs to file a separate DIR-12 with required documents like the board resolution, consent letter, and appointment letter.

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Master in Accounts & high court Advocate
9620 Points Posted on 24 September 2021

In case the Company has not filed with ROC e-form DIR-12 intimating resignation within the stipulated time period of 30 days in Section 168 of Companies Act, 2013, the resigning Director should immediately proceed for filing e-form DIR-11, if not already filed.

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On 24 September 2021 at 15:52
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Professional
1979 Points Posted on 27 September 2021
No first file resignee DIR -12 & then new appointee DIR -12 for resignation you have to attach ctc of board resolution and Resignation letter (if any) given by CS, as its not file with 30 days so Co has to pay late fee, for new appointee, CTC of Board Resolution + DIR-2 consent+Appointment Letter + ECSIN has to be generated which should be mentioned in DIR-2 ,Also note file 2 different DIR-12
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On 27 September 2021 at 09:15

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