Regarding appointment and resignation of director in pvt ltd co

[SUNITA BHARGAVA]

Dear Sir/ Madam

Iam having a query. Is it a good practice to do both the appt and resignation of directors in the same resolution. If not when we pass two resolutions than while filling up DIR-12 which date should be mentioned in the declaration signed by the director that he is been authorized to do all the compliance in this regard.

Kindly guide 

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CS Sunita Bhargava

Mob: 8052201666, 9140693553

Email: suni...@gmail.com, cssuni...@gmail.com

[kartik bhatia]

Form will not allow to do this .. error will occur

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[kartik bhatia]

Note this case applicable when there is two director in board

[RAJI SACHIN]

Dear ma'am,

We can appoint and resign the director on the same day.... the board resolution for authorizing the director  to sign e form dir12 can be of same date..... make sure first you will appoint a director and then resign in dir 12 in order to maintain the minimum requirement of director in the company.

Thanks & Regards,

Raji Sachin 

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[SUNITA BHARGAVA]

So sir shall we draft two resolutions of the same day or in one resolution only we should state it. 

In my co the total no of directors at present are 2 out of which 1 resigns and simultaneously we are appointing the other one to check the min requirements 

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[bhavini gandhi]

https://bsamrishindia.com/faqs-on-directors-resignation-from-companies-in-india/

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[CS V Kartik]

There's no need of board resolution for resignation of director. Just the resignation letter, proof of delivery & acknowledgement for acceptance of resignation from the company are required as attachments. 

So while filing the form, first select the option of appointment & then resignation. Ensure that both are on the same date because the date of resignation shall be the date mentioned on the resignation letter whereas for appointment, it shall be the date of board meeting at which the appointment takes place.

Kartik

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[CA Shubham Nanda]

You can draft a single resolution for both resignation & appointment. There is no such restriction.

But you should first draft a resolution for appointment, then draft resolution for resignation of the director on the next day of appointment.

File single DIR-12 for both resolutions and mention date of resignation resolution in the declaration at the end of Form DIR-12.

Thanks & Regards

CA Shubham Nanda

Mobile No. 9711018234

Email: shubhamn...@gmail.com

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[bhavini gandhi]

Perfect solution given kartik sir

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[SUNITA BHARGAVA]

Thank you all  for your response

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