Hi Professionals!
Whether the Additional Director can be regularized before the expiry of the tenure in AGM? Further, whether the regularization of director can be done in EGM instead of AGM?
director
regularization
Dear all,
What are the consequences of not regularizing Additional Director in Annual General Meeting. What can be solution to get rid of additional fee?
director
additional
regularization
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
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
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
Dear All,
If an Additional Directors are not regularized in AGM, then what are the consequences ?
Will those directors be considered as resigned ?
director
regularization
Hi,
Mr. X was appointed as Additional Director w.e.f. Jan, 2021 and in the same meeting appointed as WTD. Form DIR 12 for appointment as WTD was filed and Masters data was updated as WTD.
Now, how can we regularise him as WTD, as the resolution was passed in AGM, but we cant file form DIR 12 for his regularisation.
regularisation
Dear Members,
In order to regularise the additional director appointed we have passed a resolution in the AGM held on 31/12/2020 whether the same needs an DIR-12 to be filed and if yes what is the purpose that i have to opt for in filing the DIR-12
director
additional
regularisation
Dear Sir,
Is it required mandatory by law to mention subject in the notice for change of designation of additional director to director.
Do we have to mention in AGM extracts the resolution of change, which are attached in AOC-4.
In DIR-12, it is not asking any extracts or evidence of change. Still is it required by law to attach copy of notice and AGM extracts?
director
regular
additional
change
designation
Can a additional director regularised in Extra ordinary general meeting.
director
additional
regularisation
Dear Members,
Can an additional director be regularised in Extraordinary general meeting?
director
additional
regularisation
Dear All,
Can an additional director be regularised in an Extra Ordinary General meeting?
If yes, is it through ordinary or special resolution?
Please advise.
director
additional
regularisation
