Appointment and resignation of directors in the same Board Meeting

[Prakash Joshi]

Dear Friends,

Just wanted to reconfirm where a company has two directors, one wants to resign. Can the company appoint a new director in place of resigning director and accept the resignation of others(i.e same effective date of appointment and cessation)  in the same board meeting and can file both in one DIR-12 form.

Please share your views.

Thanks 

PC Joshi

[Jesus Vanitha]

No. Not done like that atleast one week before director appointment should be approved thereafter has to accept resignation.

Some cases form wont accept portal because only one director is the company is violation of provisions of law like that.

I was tried to file a form with one board meeting for appointment and resignation but for won't filed and shown message like that.

Thereafter prepared two board meeting for fist o e is appointment another one is resignation,

Finally form was uploaded successfully and got approved same day

Sent from my iPhone

On 17-May-2023, at 12:52 PM, Prakash Joshi <pcj...@gmail.com> wrote:



--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CALzFbfj0b4r-j44djtqCpOYDnpSv2%2BG9AhCshf7RJkYY7kY7TA%40mail.gmail.com.

[Jaya krishna]

Yes, Pl make appointment agenda first and appointment with immediate effect, and cessation item as next agenda. Dsc of outgoing director shall not be used for Form DIR 12, one Form DIR 12 with one date for appt and cessation.

Regards

[Durga Bansal]

Yes, First pass the resolution for appointment of the new director and then another resolution for cessation of outgoing director. 2 Resolutions can be passed in one meeting but 2 matters can't be discussed in 1 resolution.

Also, file single DIR-12.

--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CALzFbfj0b4r-j44djtqCpOYDnpSv2%2BG9AhCshf7RJkYY7kY7TA%40mail.gmail.com.

--

D*Bansal*

[Prakash Joshi]

But safer would be to hold another meeting the next day for acceptance of resignation . However, one DIr-12 can still be filed for both appointment and cessation even if  there is a gap of  one day in appointment and resignation.

To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CAD5Nu25AZc4nrDaHZe%3DhbZc70up0odoZmx_BYkZLukjsDJs%3D7Q%40mail.gmail.com.

[Durga Bansal]

A single form can be filed for gap of upto 30 days.

To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CALzFbfj-jrP9te8CzkJH%2Bs0Qyeb%2BbD0PdNaLPi96wNW7xBbAxQ%40mail.gmail.com.

--

D*Bansal*