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    Regularization of Additional Director under Companies Act 2013

    Posted By : SARIKA / Published on : 07-Oct-2022 07:07 AM / View : 908 / Comment : 2

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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 ?
    Read more on : companies under director additional regularization

    • As per Section 161 of the Companies Act 2013, a person can be appointed as an Additional Director in a Board Meeting of the company, provided he/she is not disqualified to be a Director under Section 164 of the Act. The appointment of an Additional Director is valid till the next Annual General Meeting (AGM) of the company.

      If the company wishes to continue the Additional Director as a Director beyond the next AGM, the appointment needs to be regularized by passing an Ordinary Resolution in the next AGM, in accordance with Section 149 of the Companies Act 2013.

      The Ordinary Resolution needs to be filed with the Registrar of Companies (ROC) in the prescribed form MGT-14 within 30 days of passing the resolution. Along with the MGT-14 form, the company also needs to file the updated DIR-12 form with the details of the newly appointed Director.

      If the company fails to regularize the appointment of an Additional Director within the prescribed time frame, the Director shall vacate his office on the date on which the next AGM should have been held, as per Section 167 of the Companies Act 2013.

      Therefore, it is important for the company to follow the necessary steps and comply with the regulations to ensure the continued appointment of an Additional Director beyond the next AGM.

      04-04-2023 / 09:16:05 AM
    • It was a pleasure for me to read this post! I enjoyed it a lot! Best regards!

      counter strike 2 accounts

      25-11-2023 / 01:53:32 AM
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