Regularisation of additional directors

If your company is closely held company then pass a back dated resolution and file the same in form DIR-12.

These two directors ceased to be directors after the date of AGM, i.e. 30.9.2015.  However, Board can again appoint them as additional directors to hold office upto AGM to be held in 2016.  Alternatively, members can directly appoint them as directors in EGM.

There are ceased just after AGM.

THANKS SIR,

BUT NOW SUGGEST WHETHER I SHOULD HOLD EGM AND APPOINT THEM AS REGULAR DIRECTORS AND FORM DIR-12 FOR CHNAGE IN DESIGNATION FROM ADDITIONAL TO REGULAR REQUIRED TO BE FILED?

AND IF YOU SAYS THAT THEIR APPOINTMENT AS ADITIONAL DIRECTORS EXPIRED ON AGM THEM WHAT SHOULD I DO NOW? WHAT TO FILL IN THE FORM DIR-12, WHETHER NEW APPOINTMENT OR CHANGE IN DESIGNATION?

WHETHER I SHOULD FILE THE RESOLUTIONS BACK DATED? HOW TO AVOID PENALTIES?

They will cease to be a Director from AGM. Right course of action is to appoint them again as an additional director or appoint as a director in EGM.

Ms. Varsha,

There are following things you have to check:

1. First check how much director you have in your Company.

2. If you have only two directors who was additional, then it will not possible for you to hold New BM or EGM after AGM for appointment.

3. Second If you have more then 2 directors then hold a BM by available director other then ceased one and call a GM and appoint new Director .

If you want any other clarificatoin you can mention me in my mail also csdiveshgoyal @ gmail.com