DIR 11 rejected by ROC

[Kumar Basant]

Hi Friends

Recently I tried to upload a DIR -11, but it was rejected on a ground that the date of change in designation of Director is not given in the form.

I have mentioned the date whereon the Director was appointed as Additional Director.

Please let me know if the reason of rejection by ROC is correct.

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Regards,

CS Kumar Basant Bhagirathi

[P.Bharat Raj]

Sir,

You have to give the date of general meeting on which he was regularized as director of the company.

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[Kumar Basant]

Hi Raj

Why I have to give the date of general meeting. A person is considered to be a Director since his appointment as Additional Director. Mere change of designation of directorship in AGM does not mean that his directorship ends in AGM.

Please let me know if  statement mentioned herein above is contradicting any provision of Companies Act, 2013.

Even there was no issue during check form also then why this rejection by ROC.

[ramela rangasamy]

Dear Mr. CS Kumar Basant Bhagirathi

I want to know whether you are referring to Dir 11 or Dir 12.

Dir 11 is relating to resignation of director be filed by a director in individual capacity.

Dir 12 is relating to any change in directorship be filed by a company.

Dir 12 is STP form and it will not accept if the date of change not mentioned.

R.Ramela

[Kumar Basant]

Hi

I have specifically mentioned DIR -11 which is to be filed by resigned Director.

[mallik vishwanatham]

Dear Kumar

The position of Additional Director ends on completion of AGM and the Directorship is actually effective from the date of his appointment in AGM, though we file change in designation form for appointment at AGM.

Thanks & Regards

Mallik

[Kumar Basant]

Hi Mallik

It's only change of designation in AGM and not a cessation of Directorship, which implies that Directorship is since the date of appointment as an Additional Director. Cessation of Directorship will take effect only if Additional Director is not appointed as Director in AGM.

You may recall that earlier Form-32 (for resignation) used to get approved, despite mentioning the date of appointment of Director as the date of appointment as Additional Director.

Please let me know if my understanding of Law is wrong in this instant case.

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[mallik vishwanatham]

No that is wrong.

Whether the Additional Director is appointed at AGM or not, the office becomes vacated upon completion of AGM. If he is appointed at AGM then another term or office will start.

There is no change in designation in the Act.

Currently we are filing form for change in designation. That is also wrong. Since the system is designed like that we are filing. 

Thanks & Regards

Mallik

 

On Friday, November 7, 2014 12:35:01 PM UTC+5:30, Kumar Basant wrote:

[Kumar Basant]

Hi Mallik

I agree to differ. Nonetheless I noted that you believe whole system is wrong.

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[CS Ankit Misra]

In case there was change in designation, you should entered that date as pointed by ROC. However, it appears that you had entered the original date of appointment. 

Re-upload form as suggested.

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regards,

ANKIT MISRA

COMPANY SECRETARY

KANPUR

8009968692

 Please do not print this email unless absolutely necessary

[Ganesan Ramakrishnan]

Dear Friends

Can any of you mail me INSIDER TRADING POLICY pl

thanks

gr

On Fri, Nov 7, 2014 at 12:34 PM, Kumar Basant <kumarba...@gmail.com> wrote: