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    Filing of DIR-12 in advance for Appointment of Director

    Posted By : ARUN GANDHI / Published on : 16-Aug-2022 05:20 AM / View : 333 / Comment : 1

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    Hi All,

    A company intends to appoint a director whose tenure shall be effective from a future date.

    Can the company pass a resolution in this regard beforehand and also file Form DIR-12 in advance for the same?
    Read more on : director appointment advance filing

    • Hello Arun!

      Rule 18 of The Companies (Appointment and Qualifications of Directors) Rules, 2014 clearly states that:

      A return containing the particulars of appointment of director or key managerial personnel and changes therein, shall be filed with the Registrar in Form DIR-12 within thirty days of such appointment or change, as the case may be.

      Further, while filling DIR-12, date of Appointment or change in designation is mandatorily required to be filled which otherwise show check form error. 

      Therefore in my view, DIR-12 cannot be filed in advance of the appointment of Director. It can only be filed after the appointment of Director within a period of 30 days.

      Hope it helps!

      Thank You!

       

      19-08-2022 / 05:59:04 AM
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