What action is accorded to the Bench on receipt of any additional
evidence as per NCLT Rules, 2016?
What are the consequences of not regularizing Additional Director in Annual General Meeting. What can be solution to get rid of additional fee?
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 ?
If in Private Company there are only two Additional Directors, that will be sufficient for considering BOD ?Click here to view / answer Share it on
in case addtional director fails to get regularised in AGM is company required to file DIR-12 to intimate ROC?
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 ?
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 ?
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?
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.
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.
Can company pay remuneration to additional director appointed in the executive category?
Thanks in advance.
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.
Compliance Calendar LLP is Recognised as Startup by DIPP Under Ministry of Commerce & Industry, Government of India