If any vacancy is caused by death or resignation of a director appointed by the shareholders in General meeting, before expiry of his Page 15 Appointment and Qualifications of Directors 14 term, the Board of directors can appoint a director to fill up such vacancy.
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.
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.
As per my opinion, in case of re-appointment of Whole Time Director in the Board Meeting, Form MR-1 & MGT-14 required for filing with the concerned RoC. Period of filing of resolution in MGT-14 is with in 30 days from passing of resolution & MR1 should be filed with in 60 days from appointment with the concerned RoC.
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.
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.
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.