Form DIR-12 wrongly filed

[Divya Ajith]

Dear All,

On perusal of the e-form (DIR-12) filed with MCA, I discovered that one of the non-executive directors had been wrongly appointed as Independent director in a Private Limited Company.

Could anyone suggest the remedy for this. How do I change the appointment from Independent to non-executive.

Regards,

Divya Ajith

[Divya Ajith]

Dear All,

Your kind suggestions solicited.

Regards,

Divya Ajith

[VIMAL SHARMA Compliance]

He is not Independent? then what is his/her category?

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Thanks & Regards,

Vimal Sharma

Move out of your comfort zone, You can only grow, if you are willing to feel awkward and uncomfortable, when you try something New..

[CS Simranjeet Singh]

Non executive is not a category of director as per DIR-12 categories there are of 3 types namely Independent, Professional, Promoter

in Pvt limited co's usually forms filed are under professional category and under non- executive type for appointment of directors.

 

 

With Best Regards?

Simranjeet Singh

Associate Company Secretary

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

 

   

[Pracheta]

Refile another form with change in designation. This could be one option.

Best Regards,

CS.Pracheta.M

Practising Company Secretary

Ph: 98446 88622

[VIMAL SHARMA Compliance]

If he is not Promoter, or Professional then he is independent....there are only 3 options in the form

[CS Simranjeet Singh]

Vimal Sir pls tell in private ltd co's can we file under independent director category ?.. i believe it can't be done untill and unless the private company has voluntarily appointed Independent director though it is not required to do so under CA, 2013 ?

[VIMAL SHARMA Compliance]

Simranjeet Ji,

I think Pvt/ Public doesn't matter. you will have to choose the category.

[Divya Ajith]

Thank you all for prompt responses.

 

In the case under discussion, the director was an executive director. Thereafter, instead of filing form DIR 12 for change in designation to 'non-executive director', the form has been filed for appointment as an Independent director.

 

There are two issues at hand as a consequence:

1. Form DIR 12 wrongly filed for appointment instead of change in designation
2. The director has been appointed as Independent, but he is not really independent (since he does not qualify as Independent - read Section 149(6)(e)(i))

 

Regards,

Divya Ajith

[Divya Ajith]

In reference to my earlier post, can eform DIR 12 be re-filed with the correct particulars?
If yes, should a board resolution be passed in this respect? What should be the matter of such a board resolution?

Regards,
Divya Ajith

[santhosh kumar]

This is a private limited company. The MCA. shows it as director.

what matters is how it is appearing on the MCA.  The MCA signatory details appear as a director not as a independent director.

why are you worrying so much.

until unless it is a  very big issue dont worry . just ignore... it happens.

moreover it is a pvt limited company.

practically you cant do anything regarding the DR12 which is filed. it is STP.

talk to a senior PCS associated with your company. .. that may help you.

they know the complete picture of what are the consequences.  whether  to ignore or take it serious .

Regards

santhosh

On Sat, Jan 17, 2015 at 3:09 AM, Divya Ajith <divya.a...@gmail.com> wrote:

In reference to my earlier post, can eform DIR 12 be re-filed with the correct particulars?
If yes,  should a board resolution be passed in this respect? What should be the matter of such a board resolution?

Regards,
Divya Ajith

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CS.M.Santhoshkumar
"From the man who always has a Good heart ! "

ॐ सर्वे भवन्तु सुखिनः