Format of dir-2 required to be attach with dir-12

Hi All,

I need some clarification about DIR-2

1. Where to take out the print out of this form? If the person is a director already in some other company, can that company's letterhead be used or on plain paper?
2. The AOA of the company where directorship is proposed requires that the a person submit consent to be elected as a director by giving at least 1 week's notice. So can DIR-2 suffice for that purpose?

Thanks in advance

Regards,

Geetha

Hi All,

I need some clarification about DIR-2

1. Where to take out the print out of this form? If the person is a director already in some other company, can that company's letterhead be used or on plain paper?
2. The AOA of the company, which is a private limited company, where directorship is proposed requires that the a person submit consent to be elected as a director by giving at least 1 week's notice. So can DIR-2 suffice for that purpose?

Thanks in advance,

Regards,

Geetha

Dear Geetha,

As per my knowledge DIR-2 in a plain paper is sufficient and this can be satisfies the condition mentioned in the articles.

Regards.

@ Geetha

For the Appointment of Director, kindly attach DIR 2(Consent), MBP 1(Disclosure of Directorship) and DIR 8 (Intimation by director u/s 164(2) and Rule 14(1) of Companies (Appointment and Qualification of Directors) Rules, 2014, all the declarations on plain paper.

Hi Ram,

Thanks.

So this means no separate consent letter needs to be given to BOD. Only, DIR-2 needs to be given to the BOD a week b4 the Board Meeting and once a resolution for appointment is made, this DIR-2 can be attached to DIR-12

Is there any time limit for the use of DIR-2 ?

Regards

Geetha

Hi Parul,

Thanks for this info. 

By "attach" do you mean attach DIR-2, DIR-8 and MBP-1 to DIR-12 ?

Regards, Geetha

@ Ms. Geetha  YES!!

Parul

According to sec 184(1), "Every director shall at the first meeting of the board in which he participates as a director" submit MBP-1 which means MBP -1 will be given by the newly appointed director only at next BoD meeting after the BoD/EGM/AGM where the resolution for appointment was passed.

which means MBP-1 is not an attachment in DIR-12

Please clarify.

Regards,

Geetha

 

@ Geetha

If you will open form DIR 12, one of the attachment is "Interest in other Entities" which is not the compulsory attachment but if a director is appointmend we do take MBP 1 and also file it in DIR 12.

Parul,

Thanks for this clarification.

Regards,

Geetha

My Plsr! :)

Hi everybody,

The DIR-2 clearly states that it is "Pursuant to section 152(5) and rule 8 of Companies (Appointment and Qualification of Directors) Rules, 2014"

So can this be used when we appoint an Additional director u/s 161?

Please clarify.

Regards,

Geetha

Hi Geetha!

As Additional director is as good as director, so u have to take his Consent in DIR 2 as per Section 152 (5).

There is no differentiation between Director and Additional director, they both are same only the difference is the Board can appoint them as additional director only, and they are regularised as director in General Meeting. They  can do all such acts which a director perform.

agreed with parul

u require it for additional director too