DIR- FOR APPOINTMENT OF ADDITIONAL DIRECTOR WRONGLY FILED AS DIRECTOR

[Peer Mehboob]

Respected Members,

What can be the solution if DIR-12 for appointment of additional director is wrongly filed and the additional director was wrongly shown in Form as Director. The additional director are showing on MCA's Signatory details as director. How to rectify this:

1. should we file another form mentioning the correct details.

2. or since its a private company, we can show a members meeting of the same date of Board meeting and show the additional director as director of the company.

3. or we should let it be as the same were to be regularised in ensuing AGM.

What should be the best solution in terms of the Private Company.

Pls suggest

Thanks

Peer

[Naveen Kumar]

Peer ji, Add. director shall be treated as director of the company for all purpose and if u want to continue with same director then u can confirm him as director in coming AGM or if u want to remove the director then u can also proceed.

but if u selected the designation as director instead of add. director then u can change the designation  also by filing the form again..........

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Regards

Naveen Kumar

[Peer Mehboob]

Thank you Naveen Ji for your prompt reply. 

In my case the same Additional directors will be appointed as directors of the company. but wronlgy in DIR-12 I have mentioned them as director instead of Additional Director. Although they were going to be regularised in the ensuing AGM. but now I want to correct this position. thatswhy I am thinking that without going to ROC for rectifying the form can I pass a resolution in members meeting to appoint him as director of the company or should I keep it intact as the same were to be appointed as directors in coming AGM.

[CS Manish Chopra]

you can show an EGM/AGM on the date of appointment in case attachments to Form DIR-12 not require any alteration otherwise file form for change in designation. 

Thanks & Regards,

CS Manish Chopra

Practicing Company Secretary

97802-98898

 

[Naveen Kumar]

Peer ji, as per d prov. it is not possible to appoint the director in BM but if by mistake u filled the form as director and form is approved then either to file the form as change in designation of director or wait to confirm him coming AGM it may be that ROC not notice that mistake, but as per the good practice would suggest u to change the designation by filing single form....... 

[ACS suresh chaudhary]

 File a fresh form with correct detail. Neither go for change in designation nor show EGM. its simply a mistake in form, a human error. Resolution enclosed reveals the real intention.

[CS Sumit Talreja]

You may call me... I faced d same thing... I may be able to help you.

Sumit Talreja
8819016904

[Jaya Singh]

Even I am facing the same problem and when I tried to file Form DIR-12 to regularise the Directors, its giving error at the time of prescrutiny that person is already associated with the Company under same designation. Can anything be done now?

Thanks & Regards,

Jaya Vinay Singh

Practising Company Secretary

[Naveen Kumar]

Jaya ji, i arready replied that this can be resolve by filing two form firstly resign then to appoint again with correct designation.................