Dear Friends,
Is a director who has attended a Board meeting entitled to receive a copy of its signed minutes, even if he has ceased to be a director?
Which form need to be filed in new version of LLP for Notice of appointment, cessation, change in name/ address/designation of a designated partner or partner. and consent to become a partner/designated partner?
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• You can file this eForm with different event dates (date of appointment, date of change in designation and date of cessation) only if these dates are within 30 days of the filing date. If any of the date(s) are beyond 30 days, then a separate form is to be filed for every such event date. For example: "Director A is appointed on 1st April, Director B is appointed on 18th April, and Director C ceases to be associated with the company w.e.f. 18th April. In such a case details of all the three changes can be filed through the same Form DIR-12 only if the Form is filed on or before 1st May, as all the events fall within 30 days. However, if the company files the eForm DIR-12 on 10th of May, then details in a separate eForm would be required to be filed in respect of Director A."
• For filing of details of two or more events (for example, appointment and cessation) relating to the same person, you are required to file separate forms. These cannot be filed through the same eForm.
• It is advised that you file the eForm in the chronological order of events. It implies that before filing this eForm you should ensure that no Form DIR-12 is pending to be filed for the particular company where the date of event is earlier than the date(s) entered in this form.
• In case of appointment of a director the person being appointed should not be associated with more than 20 companies as a Director and in case of public company, the appointment of director shall not be allowed if he is already a Director in more than 10 public companies
• If number of directors is more than 15, addendum is required to be filed with eForm DIR12. Addendum shall be allowed to be filed only for those cases where eForm DIR-12 has been filed and corresponding Form DIR-12 Addendum is required to be filed. EForm DIR-12 Addendum shall be allowed to be resubmitted only for those cases where the eForm DIR-12 Addendum is pending for resubmission eForm DIR-12.
• eForm can be filed for one company secretary in the company as company cannot have more than one person as its company secretary.
Is it right ?
We have filed the form, for cessation of Director due to non availability and not attended any Board Meeting from 12 months.
We have attached in the form DIR-12: 1) Extract of Minutes of the meeting for cessation, 2)proof of sending notice of Board Meeting to Director
But ROC is asking for necessary proof of evidence of cessation.
Is it Required ?
Dear All
In a LLP, there were 2 Designated Partners (DP). Out of these 2 DPs, one DP died on 29.12.2020. The LLP is executing, supplementary LLP deed on current date to take note of cessation of DP w.e.f. 29.12.2020 and appointment of one new DP w.e.f. 06.01.2021.
Now, my query is as follows:
1. Can LLP execute supplementary LLP deed at the current date appointing a DP effective from 06.01.2021 (from back date)?
2. How to file Forms 3 and 4, as there are 2 event dates and one is beyond 30 days?
3. If Forms 3 & 4 will be first filed for cessation, the system will not allow it, as minimum no. of DP would become below 2.
Please advise how to proceed in such a case.
cessation
Respected All,
I have queries as set-out below.
I was rendering service as CS in Company, which has retrenchment me due to current covid -19 outbreak w.e.f May 31,2020 and on the contrary they have told me give my resignation. I had asked them to share Full and Final Settlement amounts based on which I share tender my resignation and from last 2 months Company has stop responding on call .further I have starting dropping Emails. But still they have not responded. Final 2 days ago I have given resignation. But still they are not responding to my call and also not filed Form DIR-12.
My Queries is
1) If Employer is not intimating my resignation to ROC, then how I can get it removed from the MCA website and get relieving letter ?
2) How I will get my Full and Final Settlement (FNF) amount from the Company? Anybody have filed INVESTOR COMPLAINT FORM on MCA to claim made by employee against employer on MCA?
3) Whether I can file Form DIR-12 in new Company for my appointment ? whether it will contradict Section 203 read with rule 8A and Company secretary act ?
welcoming your views,
Plz provide documents relating to resignation of a partner in LLP. It's urgent
Is there any timeline in which DIR-12 has to be filed due to Cessation of Director due to death has to be informed to ROC?
Thanks In anticipation
ello to all,
We are filing the MGT 7 of a Pvt Ltd and in this company out of 2 Director one was disqualified u/s 164(2) and we were not able to complete INC 22A but after changing the DIR 12 version recently we remove this director and appoint one Director.
Now When we make cessation of that Director Resubmission was came that date of cessation shall be Date of Disqualification so we entered date of cessation as 01.11.2016 and the same was approved and that person cease from Master data and new Director appointed.
But when we mention the details of that Disqualified Director in MGT 7 of 2018-19 that he was the Director as on 31.03.2019, pre scrutiny error is coming that DIN is not associated with current Designation.
So what will be the solution. Pls guide
Dear Learned Members,
We have filed the form, for cessation of Director due to non availability and not attended any Board Meeting within 12 months.
We have attached in the form 1)Minutes of the meeting of cessation, 2)proof of sending notice of Board Meeting to Director.
But ROC is asking for necessary proof of evidence of cessation.
Now my question is what more documents we can attach so that ROC approve the form.
Kindly help
director
cessation
submission
Dear Members,
I have to complete the annual filing of a company for the financial year ended 31.03.2018. Also I have to file two PAS-3 relating to the financial year
2017-18. As you know, I could not file INC-22A due to the non completion of annual filing for the financial year ended 31.03.2018. When I am trying
to file the PAS-3 it is not getting uploaded stating the reason that INC-22A is not filed. I cannot file INC-22A without completing the Annual Filing for
the financial year ended 31.03.2018.
What is the way out to resolve this issue
With regards
Santhosh
Hello, I am filing a form DIR-12 for cessation of director. While doing prescrutiny of form DIR-12 this error is coming - Form DIR-12 is already pending for approval against the CIN _____________. I am not able to do prescrutiny of this form. Please help ASAP me to get rid of this error.
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