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.
The procedure for the filing of DIR 12 is as mentioned below: Download the e-form DIR-12. Enter the Company Id. Enter Managing Director's Number and Particulars. Enter Contact Number and Details of Company's Managers, CFO, Secretary. Attach Documents. Attach Digital Signature and Submit the Form.
Purpose of e-Form DIR-12 Director may resign from his office by giving a notice in writing to the company and he is also required to forward a copy of his resignation along with detailed reasons for the resignation to the Registrar within 30 days of resignation in e-Form DIR-11.
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.
Penalties for Delayed Submission of Form DIR-12 30 to 60 days delay: The penalty incurred will be double the standard government fees. 60 to 90 days delay: The penalty increases to four times the government fees. Beyond 90 days delay: A significant penalty of ten times the government fees is applied.
Section and Rule Number(s) eForm DIR-12 is required to be filed pursuant to Sections 7(1) (c), 168 & 170 (2) of the Companies Act, 2013 and Rule 17 Of Companies (Incorporation) Rules , Rule 8, 15 & 18 of Companies (Appointment and Qualification of Directors) Rules, 2014 which are reproduced for your reference.
(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.
As per Act Company should file form DIR-12 on reappointment of any Director.
At a Board of Directors meeting, the necessary Board Resolution has to be passed for reappointing an Independent Director. As the re-appointment of such a Director is subject to shareholders' approval, a General Meeting also has to be convened and their authorisation granted.
File the Form DIR-12 relating to the particulars of the appointment of a managing director within 30 days of such appointment. File Form MR-1, i.e. return of the appointment of a managing director within 60 days from the date of such appointment.