multiple having case surrender
Dear Ms. Juhee
RD-1 is not applicable now as DIR-5 is laready an independent form at MCA.
eForm DIR-5 is required to be filed pursuant to Section 153 of the Companies Act, 2013 & Rule 11 (f) of Companies (Appointment and Qualification of Directors) Rules, 2014 which are reproduced for your reference.
Section 153:
Every individual intending to be appointed as director of a company shall make an application for allotment of Director Identification Number to the Central Government in such form and manner and along with such fees as may be prescribed.
Rule 11(f):
(f) on an application made in Form DIR-5 by the DIN holder to surrender his or her DIN along with declaration that he has never been appointed as director in any company and the said DIN
has never been used for filing of any document with any authority, the Central Government may deactivate such DIN:
Provided that before deactivation of any DIN in such case, the Central Government shall verify e-records.
Application for surrender of DIN in e-form DIR-5 can be filed with any reason such as DIN is unused and not intended for future reference also or multiple DINs are allotted to same person or DIN holder is no more/has become of unsound mind or insolvent etc. This application will further be processed by RD-north region.
But what we will do if New DIN is alraedy associated with another Existing Company in which Person is a Director ?
Please share How to file Unified Annual Return on Shram Suvidha Portal and due date?
what are the time limit within which the subscription amount to be brought by the subscribers of the company after incorporation under FEMA guidelines.
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Forwarded Query:-
The Director was appointed as an additional director by Circular Resolution passed on September 15, 2022 and the appointment was w.e.f. 15/09/2022.
The AGM was held on 21/09/2022 wherein the Additional Director was appointed as WTD w.e.f. 15/09/2022.
Following are two queries w.r.t. same:
1) Can we regularize the Appointment of Director w.e.f. a date which is earlier than AGM date ?
2) Should we file 2 DIR-12 forms? -
one for appointment as additional director and second for appointment as WTD in AGM?
Kindly note the date of appointment in both the cases is 15/09/2022.
Does MCA allow filing of two DIR-12 forms if the date of appointment is same in both the forms ?
companies under director additional regularization
If you are issuing shares on rights basis to existing holders, then no need to go for a separate bank account but if we doing for new shareholders is it mandatory ?
section 62 (1) (a) tells us about Right issue. and valuation report/special resolution and separate bank account is not required for right issue but for public issue and private placement it is required.
section 62 (1) (c) is about private placement.
If we are triggering 62(1) (c) which speaks of issue of shares to other than existing holders.
Please confirm :
As per Section 39 of the Companies Act, 2013 (“The Act”) states that:
“No allotment of any securities of a company offered to the public for subscription shall be made unless the amount stated in the prospectus as the minimum amount has been subscribed and the sums payable on application for the amount so stated have been paid to and received by the company by cheque or other instrument”.
According to the above-quoted provisions, the minimum subscription and application money are the most important requirements for a valid allotment & filing of PAS-3
As a result, one could say that shares cannot be Allot until the application money has been paid to or received by the company (credited) via cheque or other instrument.
Is it right ? or we have any option ?
As per the Secretarial Standard 2, serial no. shall be given to each extra-ordinary general meeting held by the company after the secretarial standards came into force from 1st July, 2015. Annual General Meetings shall be held either at the registered office of the company or at some other place within the city, town or village in which the registered office of the company is situated, whereas other General Meetings may be held at any place within India.
Explanation to Rule 18 of the Companies (Management and Administration) Rules, 2014, prescribes that the Extra-Ordinary General Meeting should be held at a place within India. Thus, an Extra-Ordinary General Meeting should be held only in India though not necessarily within the city, town or village in which the Registered Office of the company is situated.
However, Clause 27 of the Companies (Amendment) Bill, 2016 seeks to amend sub-section (1) of section 100 of the Companies Act, 2013 to allow the wholly owned subsidiary of company incorporated outside India to hold its extra ordinary general meeting outside India. As per Clause 27, in section 100 of the principal Act, in sub-section (1), the following proviso shall be inserted, namely:—
"Provided that an extraordinary general meeting of the company, other than of the wholly owned subsidiary of a company incorporated outside India, shall be held at a place within India."
Government e-Marketplace (GeM) is the National Public Procurement Portal; an endto-end online Marketplace for Central and State Government Ministries / Departments, Central & State Public Sector Undertakings (CPSUs & SPSUs), Autonomous institutions and Local bodies, for procurement of common use goods & services.
The portal is owned and managed by GeM SPV which is a Section 8 (NonProfit) Company registered under the Companies Act, 2013.
GeM SPV operates, monitors and supervises all the business transactions on the portal through the Managed Service Provider as per defined roles and responsibilities.
marketplace government under registration
We have to compulsorily round off the Figures in your financial statements.
for companies over 100 Crores, it is Lakhs, Millions, or Crores or 100 Crores
for companies below 100 crores, it is hundreds, thousands, lakhs or crores
But in case of loss what to do ?
Hi Sarika
Section 153 of the Companies Act, 2013 Read with Rule 11 of the Companies (Appointment and Qualification of Directors) Rules, 2014 deals with the provision of surrender of DIN.
Procedure to be follow-
1. The holder of multiple/duplicate DIN shall make an application for its Surrender to the Concerned Regional Director (RD).
2. The application shall be filed in Form DIR-5.
3. The Application shall be accompanied with a declaration on affidavit duly notarized “that he never been appointed as director in any Company and the said DIN has never been used for filling any documents with any ”
4. The Form DIR-5 is physical Form so form DIR-5 will be attached in Form RD-1 and filed with Regional Director.
*Note- Form RD-1 is an E-Form which will be filed with Regional Director.
Attachments of Form RD-1 is as follows:
A. Form DIR-5 for surrender of DIN.
B. Self attested copy of PAN Card of the applicant.
C. Self attested copy of Passport of the applicant.
D. Board resolution
E. Affidavit for surrender of DIN.
5. After filling the E-form RD-1, the Regional Director shall check the form carefully.
After filling form DIR-5 as attachment in Form RD-1 an application for compounding of offence under section 441 of Companies Act, 2013 shall be Filed GNL-1 as the director contravene Section 155 which states that no individual, who has already been allotted a DirectorIdentification Number under section 154 shall apply for, obtain or possess another Director Identification Number.
The Compounding Application must include the followings:
A. A proper petition for compounding
B. Certified copy of form RD-1 filed with RD along with the Challan of the
C. Certified copy of Form DIR-5
D. Affidavit duly notarized
E. Authorization letter to the practicing professional on duly stamp paper.F. Memorandum of Appearance (MOA) signed by the Practicing Professionall.
G. Copy of show cause Notice.
H. Copies of last 3 years’s Financial Statements.
After that an appliaction shall be filed with RD/NCLT and on receiving the order of the RD/NCLT, the order shall be filed within 30 days from its receiving to the Concerned ROC in Form INC-28.
Hope it helps!
Thank you!