As per Act Company should file form DIR-12 on reappointment of any Director. But MCA doesn't allow the same and the no option of re appointment in form DIR-12 . Therefore, Company will not able to file DIR-12.
To be properly appointed, a person must give written and signed consent to the company prior to appointment. The company must keep this consent (s 201D). Failure to give consent results in the appointment being void.
Procedure for Director Appointment or Addition in a Company Step 1: Reviewing the Articles of Association (AOA) ... Step 2: Resolution at a General Meeting. Step 3: Application for DIN and DSC. Step 4: Obtaining Director's Consent (Form DIR-2) ... Step 5: Issuing the Letter of Appointment. Step 6: Regulatory Filings with the ROC.
Form No. DIR-11 aims to simplify the process for filing application for notice of resignation of a director to the Registrar.
Form No. DIR-12 aims to simplify the process for filing application for particulars of appointment of directors and the key managerial personnel and the changes among them.
As per Act Company should file form DIR-12 on reappointment of any Director. But MCA doesn't allow the same and the no option of re appointment in form DIR-12 . Therefore, Company will not able to file DIR-12.
File form with the Registrar of Companies (ROC) The company must file the DIR-2 and DIR-12 (Particulars of appointment of the director) after the appointment of the director. The company must file Form DIR-2 and DIR-12 with the ROC within 30 days of the appointment.
Who appoints directors? Most commonly, directors are appointed by the shareholders at the Annual General Meeting (AGM), or in extreme circumstances, at an Extraordinary General Meeting (EGM). A resolution for the appointment is put to a vote, and passed if a majority of shares are voted in favour.
Section and Rule Number(s) eForm DIR-11 is required to be filed pursuant to Section 168 (1) of the Companies Act, 2013 and Rule 16 of Companies (Appointment and Qualification of Directors) Rules, 2014 which are reproduced for your reference.
Appointing an alternate director To appoint an alternate director, a Change to company details (Form 484) must be lodged with ASIC. You must notify us within 28 days if an alternate director is appointed. Alternate directors are required by law to apply for a director identification number (director ID).