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 in Private Company there are only two Additional Directors, that will be sufficient for considering BOD ?
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Dear folks,
in case addtional director fails to get regularised in AGM is company required to file DIR-12 to intimate ROC?
Thank you
director
additional
regularise
failure
Under which section and rules of the Companies Act 2013, regularization of additional director is defined and what could be the procedure for its appointment ?
Also do we need to file again DIR-12 for regularization of Additional Director ?
director
additional
appointment
As per 161. (1) The articles of a company may confer on its Board of Directors the power to appoint any person, other than a person who fails to get appointed as a director in a general meeting, as an additional director at any time who shall hold office up to the date of the next annual general meeting or the last date on which the annual general meeting should have been held, whichever is earlier.
But Additional Director would like to resign from the board before AGM so can he do that and if yes then under which section DIR-12 will be filed ?
tenure
before
director
additional
resignation
One of mine Friend questions :
Regularisation of an Additional Director.
One of the private company appointed Mr. A as an additional director on 28th July 2005, but did not regularise his appointment in the subsequent AGM. (the reference about the regularisation has not been brought in the notice of the AGM as a special business)
Further till the year 2011 the Company has filed all the Annual Returns with the ROC, wherein the designation of Mr. A is shown as "Additional Director" in form 20B (prefill option) but the attached schedule V shows his designation as Director which is signed by the other Directors of the Company.
Since section 260 of the Companies, Act and even the AOA of the Company, restricts the tenure of the Additional Director till the next AGM, Mr. A ceased to be director in the year 2005 only as his appointment was not regularised.
Further the Additional Director has not signed any of the documents, on behalf of the Company, till date. Now the other directors do not want Mr. A to continue as director.
My queries are as under:
Is there any requirement of including the special business in the notice of the AGM, if the Company does not want to regularise the appointment of the Additional Director?
In the instant case is it sufficient if we file the revised 20B for all the years along with one Form 32 as on the date of AGM of 2005 for vacation of office of Additional Director?
companies
under
director
additional
regularisation
Can Shareholder Tender Additional Shares Than Its Eligible Offer Made by Company under Buyback offer?
If yes, then Under Which section or Rule it is given under companies act?
as per Rule 17(6) States That " In case the number of shares or other specified securities offered by the shareholders or security holders is more than the total number of shares or securities to be bought back by the company, the acceptance per shareholder shall be on proportionate basis out of the total shares offered for being bought back."
It Says about Proportion but I want to know additional shares in case other members not tendering and remaining shares to offered to other member.
buyback
private
company
shareholders
eligible
shares
tendered
additional
Hello,
An LLP has been incorporated in Jan 2021, LLP has filed their FORM 11 but not filed their FORM 8.
If LLP wants to file their FORM 8 in that case what would be the date of the event to calculate additional fees it should be 31/03/2021 or 30/10/2021.
date
event
fees
additional
form
Hello all,
Can company pay remuneration to additional director appointed in the executive category?
Thanks in advance.
director
additional
remuneration
Hi,
How can we add an additional business Place (branch office) of a Private Limited company within the same district & State.
Which form will be filled for this purpose.
company
place
business
additional
Hi,
What will be the additional fee to file Form DPT-3 for the Financial Year ended on 31st March 2021 ?
additional
form
Dear Members,
A director was appointed on 15.11.2021 as additional director;and financial for the year ended on 31.03.2021 was put before the BOD on 07.10.2021 whereas he was not director , we are holding AGM on 30.11.2021 and in notice of AGM it was not covered to regularise him( as the same was approved on 7.10.2021 before his appointment)....can we issue supplementary notice specifying the regularisation of director and file form DIR-12 ???
appointment
director
additional
respect
query
