Filing of form dir 12

AS PER YOUR QUERY , KINDLY CHECK DIR 12 OF SUCH NON EXECUTIVE DIRECTOR , IF AS PER THE CATEGORY IN DIR 12 IF SUCH PERSON WAS THE PROMOTER OF THE COMPANY THEN SUCH PERSON CANNOT BE APPOINTED AS THE INDEPENDENT DIRECTOR BECAUSE AS PER SECTION 149(6) (A), AN INDEPENDENT DIRECTOR SHOULD NOT BE THE PROMOTER OF THE COMPANY OR WAS NOT THE PROMOTER OF THE HOLDING COMPANY, SUBSIDIARY COMPANY OR ASSOCIATE COMPANY.

IF SUCH A PERSON WAS PROMOTER OF THE COMPANY AND NON EXECUTIVE DIRECTOR , THEN NOW AS PER SECTION 149(6) SUCH A PERSON SHALL NOT BE APPOINTED AS INDEPENDENT NON EXECUTIVE DIRECTOR

He is already Non-Executive Director of the company with the category of Professional not Promooter. Now i have appointed him Independent Director. so in this case do i need to file Form DIR 12?

Yes, the Form DIR 12 needs to be filed to give effect to the afreash appointment of as Independent Director. Also the current date of appoitment will be updated on MCA, only when the Form DIR 12 with new date of appointment is filled. I think you should try to fill the form for change in designation of Dirtector and submit the category as Independent Director.

However, if the error as mentioned by you still persisits than you can go ahead with the filing of Form MGT 14, so that the ROC can be informed of the appoitment of Independent Director and you have proof of the same. The MCA system may not accpet the Form DIR 12 in the this case.

Do i need to calculate the previous tenure of the Director for the purpose of calculating the 5 Years of the appointment Independent Director?

No the perivious tenure will not be counted in calculating the tenure of afreash appointment as Independent Director.

Hi,

An independent director (Designation Director and category independent) now holds 10% share in our private limited company. Do we need to change his/her designation? While trying to file DIR-12 with designation Director and cateogry Professional, at prescrutiny the form says "Person is already associated with the company under same designation.

What should we do?

Thanks

Manish

Is it required to file DIR 12 for a newly incorporated company?

If I am trying to file, I am getting the error that “Person is already appointed in the company under the same designation”