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Director appointment giving back dated effect???

CA Gnanika (CA ) (485 Points)

09 August 2012

Information:

Company incorporated in 2002.

Default in filing returns with ROC.

Director A removed & Director B is appointed in 2007, but neither of them have DIN.

Requirement:

The company suddenly wants to update its records.

Can they take DIN for directors today & give the effect of date of appointment with effect from 2007 or date of incorporation??

Thanks & Regards

Gnanika

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4 Replies

Charu Srivastava (Company Secretary) (4210 Points)
Replied 09 August 2012

yes you can apply for the DIN now and can make good the defaulk by filing form from back dates.Back date filing will incur additional fees.

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17858 Points)
Replied 09 August 2012

Yes DIN can be taken as on date and you have to file DIN 3 as well.

(Guest)

You have to take DIN for all the directors. Also you have to apply for digital signature of one director for efiling.

CS MOHIT SALUJA (PRACTICING CS Jalandhar 9914558709) (5155 Points)
Replied 23 September 2012

As per MCA 21, every person who is a director of the company is required to apply for DIN and to file DIN 2 with the Company after the approval of DIN. Where the company will inform the ROC that the person is a director of such company by filing DIN 3. The directors may not be interested in carrying on the operation in 2007 so may not have applied for DIN. But now when they are intended to carry on the activities, ther are to apply DIN, File DIN 2 and simultaneously DIN 3 by the company. After which the company may proceed to file its accounts and returns with the ROC.