Form 23B

[BIJAL SALOT]

Dear All,

If Company has not filed form 23B for appointment of auditor for the year 2011-12 & 2012-13 & if Company wants to file the same today than can it file form 23B or it has to file Form ADT - 1.

While, Form 23B is available on the MCA site, but at the time of uploading the same it is showing error that please upload latest version of the form.

what should be done in such a case.

Thanks & Regards,

Bijal

[CS Simranjeet Singh]

23b is to be used only for PY appointments.. download fresh form from site and try again..

 

 

Regards,

Simranjeet Singh

Associate Company Secretary

"To know, is to know that you know nothing. that is the meaning of true knowledge."

 

   

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[BIJAL SALOT]

Thanks Simranjeet.

I had downloaded fresh form & tried again but it is showing the same error.

Best Regards,

Bijal

 

[CS Simranjeet Singh]

there might be some problem with the e-form.. i m facing problems for form dir-11 and dir-12.. u can call mca helpline also for clarifications..

[Ramaswami Mohan]

i filed DIR-12 and it got accepted, but thereafter , i filed DIR-11 it is giving me error message "designation incorrect".

so now how do i remedy this ?

regards,

Mohan

CS. R.  Mohan
Mobile: 9908814677

[CS Simranjeet Singh]

i m trying to file dir-11 first and hav not filed dir-12 but it is giving same error..

[Ramaswami Mohan]

Today morning i was able to file DIR-11 after having filed DIR-12 yesterday!

regards,

Mohan

[Ritu Sharma]

DIr-11 is to filled after filing DIR-12

[Ramaswami Mohan]

Still not clear what

i

s the

sequence for filing DIR-11 & 12.

Where is it stated that DIR-12 is to be filed first ? and then to file DIR-11. Can u pl clarify,

regards,

R. Mohan

M. No. +919908814677

[CS Simranjeet Singh]

dir-11 to be filed first logically... if we file dir-12 first then it may give the impression that company is trying to vacate the office of a director in  a wrongful manner.. i believe thats why form dir-11 is introdeuced so that director concerned will first inform to registrar abt his resignation which will get registered in records of roc and then dir 12 filing by co to confirm that resignation.. i have personally handled complaint cases during 15 days roc training where i have seen form 32 instances where directors have complained abt wrongfull cessation.

[Ramaswami Mohan]

yes, ur right. 

what happens if DIR-11 is filed and the co does not file DIR -12 ? 

wish there was a check mechanism in the e-form DIR-12 to prompt if DIR-11 has been filed or not.

though there are many disputes revolving this Directors subject, for those where there is no dispute, are subjected to additional costs.

views of others welcome.

regards,

Mohan

[CS Simranjeet Singh]

what happens if DIR-11 is filed and the co does not file DIR -12 ?

ICSI in its recently introduced faq's has given its view on the matter

A director resigns by giving notice in writing to the

company. He forwards a copy of resignation in Form

DIR-11 to ROC within time. What would be the status

of director if the company fails to intimate about the

resignation to the Registrar?

As per Section 168 read with Rule 15 and Rule 16 of Companies

(Appointment and Qualification of Directors) Rules, 2014, a

director may resign from his office by giving a notice in writing

to the company and shall also forward a copy of his resignation

along with detailed reasons for the resignation in Form DIR-11

to the Registrar within thirty days of resignation.

Further, the company shall intimate to the Registrar about such

resignation in Form DIR-12 with in thirty days of receipt of

notice of resignation from a director.

As per sub-section (2) of section 168, the resignation of a director

shall take effect from the date on which the notice is received

by the company. In case of failure of the company to intimate

the Registrar, as the director has already informed the Registrar

of his resignation within time , the document would get

registered in the records of the Registrar.

In terms of section 172, the company and every officer of the

company who is in default shall be punishable with fine which

shall not be less than fifty thousand rupees but which may

extend to five lakh rupees.

[Ramaswami Mohan]

thanks for this clarification CS Simranjeet Singh,

regards,

Mohan

[CS Simranjeet Singh]

yours welcome Sir..

[mann vishwakarma]

What is the consequence of non filing of DIR-11 by Directors???

[CS Simranjeet Singh]

he continues to be the director of that company in the records of ROC.....even he may actually have resigned from that company..