Relevance of letter of appointment for a new company

Co Act 2013 1523 views 4 replies

Dear All, 

In the form DIR 12, Attachment contains namely :

(1) Letter of Appointment;
(2) Declaration by the first director
(3) Declaration of the appointee Director,in Form DIR-2; 

Whereas all these 3 attachments are mandatory.

For a new Incorporating Company, Pl explain the relevance of letter of Appointment to the Director from the Proposed Company.

 

Thanks

Replies (4)

There are several things  in the Act/Rules which have no relevance at all.  It is just one of such  things.

 

please provide format of all of these as attachments

Sir,

While filling DIR 12. letter of appointment and Declaration by the first director has been made as mandatroy attachment, if it is a new company which is not yet incorporated, how the director will be appointed and by whom, and if there are only two directors who are the promoters also then who will appoint them. Kindly advise me. Im getting different views from different professionals. Also provide me the format of Letter of appointment and delcaration by the first director in case of a new company not yet incorporated

There is no question  of appointment of first directors named in the Articles.  Can we attach a letter as per following draft?

 

Mr ABC

________

Dear Sir,

Re:  Incorporation of XYZ Pvt Ltd.

You had subscribed to Memorandum of Association and Articles of Association for incorporation of XYZ Pvt Ltd and as per your consent you were named as one of the first directors of the company in the Articles of Association.  Please note that the company has been incorporated on ______ and accordingly you have become a director of the company from that date.  Copy of certificate of incorporation issued by the Registrar of Companies is attached for your reference.

 

Thanking you,

Yours faithfully,

 

PQR

Director

 


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