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?
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 an Additional Directors are not regularized in AGM, then what are the consequences ?
Will those directors be considered as resigned ?
Kindly give the insight on the following scenario.
A Pvt Ltd company appointed an Addl Director in the Board on June 2018 to hold office till the conclusion of the next AGM and thereafter AGM was held in September, 2018. But by oversight he was not appointed in the AHM held in Setember, 2018. This mistake has been corrected in the AGM held in September, 2019 and DIR-12 filed accordingly. What are the consequences?
Members may send in their input.
Can company regularize appointment of additional director in EGM going to hold before AGM.
In a Pvt Ltd Co, an additional director was appointed in Dec 2018. AGM of the Company was held on July 2019 and annual filing Forms were submitted with ROC after that but Additional director to Director regularization DIR-12 is not submitted as yet.
Now, the above mentioned Director has resigned, please suggest whether Dir-12 for resignation can be submitted or the first regularization is required and then resignation.
Thanks in advance.
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