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The filing of DIR-12 for the reappointment of directors is not explicitly mandated under the Companies Act, 2013. However, companies may choose to file DIR-12 for reappointment to maintain a consistent record of directorial changes.
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.
PART II – ACCESSING FORM NO. DIR-12 APPLICATION. Application Process for Form No. DIR-12. 2.1.1.1 Option 1. STEP 1: Access MCA homepage. STEP 2: Login to MCA portal with valid credentials1. STEP 3: Select “MCA services” and further select “E-Filling” STEP 4: Select “Company Forms Download” module.
Within 30 days of the Board meeting, conduct a general meeting and approve the appointment of an Independent Director by way of special resolution. (Read regulation 25(2A) of SEBI LODR regulations, 2015). File necessary form (DIR-12) with the ROC along with the required documents and fees.
What are the forms to be filed for adding a new director to a company? MGT-14 – Resolution passed in the general meeting regarding the appointment of the director. DIR-2 – Consent received by the proposed director to hold the position of a director in the company. DIR-12 – Particulars of appointment of the director.
Subject: Your appointment as a Managing Director of the Company. Company for a term of _________ years with immediate effect/with effect from________________. General Meeting/ General Meeting to be held on or before _______________________. The other details of your appointment will be communicated to you soon.
Therefore, the appointment of a managing director or whole-time director or manager and the terms and conditions of such appointment and remuneration payable thereon must be first approved by the Board of directors at a meeting and then by an ordinary resolution passed at a general meeting of the company.
(i) The applicant shall download Form DIR-6 from the portal and fill in the relevant charges, attach a copy of the proof of the changed particulars, and verification in Form DIR-7 all of which shall be scanned and submitted electronically.
(2) No company shall appoint or re-appoint any person as its managing director, whole-time director or manager for a term exceeding five years at a time: Provided that no re-appointment shall be made earlier than one year before the expiry of his term.
A company can seek approval from Central Government through 'MR-2' webform for approval of appointment of managing director or whole-time director or manager in certain special circumstances as mentioned in Schedule V of the Companies Act, 2013.