Clarification

[Divya Sharma]

Hi all,

1. I need clarification regarding filing of Form DIR-12 in case of death of a director, as the board is not able to get a death certificate. Is there any other way to file DIR-12 without a death certificate?

2nd query is if we have to file forms before 2014 ie from 2003 to 2013, companies act 1956 forms applicable or companies act 2013 forms ?

[Divya Sharma]

Hi all,

Please 

[Lucky Nanwani]

1 - DIR-12 - In case the death certificate is not available, write a declaration mentioning the date of death and reason why the Death Certificate could not be produced. and then proceed.

2 - For Compliance for FY 2013 and before Annual Returns - Kindly use the legacy forms applicable under CA 1956 provisions viz. 23AC and 23ACA.

For any feedback/assistance, please feel free to contact.

F.C.A. Lucky Nanwani

Chartered Accountant, LL. B., B. Com. (Hons.)

Qualified Certificate Course on Concurrent Audit of Banks (ICAI)

Social Auditor (NISM-ISAI-ICAI)

Partner S B L & Co. LLP, Chartered Accountants

📱 +91 84528-68804, +91 85628-46609

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[Arun Kumar Maitra]

Here is the clarification regarding your queries:

1. Filing DIR-12 in Case of Death Without a Death Certificate

Under the Companies Act, 2013, Form DIR-12 must be filed within 30 days of the cessation of a director. While a death certificate is the standard proof, if the board is unable to obtain one, the following alternatives can be used to prove the death and enable filing:

• Board Resolution: Pass a board resolution stating that the company has received credible information regarding the death of the director.
• Affidavit or Police Report: A sworn affidavit from a legal heir/family member or a police report stating the death of the director.
• Intimation letter: A formal letter from a family member confirming the death.

Actionable Steps:

1. Draft a Board Resolution noting the death of the director as of a specific date (date of demise).
2. Attach the alternative evidence (affidavit/letter) in the "Optional Attachments" section of Form DIR-12.
3. Ensure DIR-12 is signed by another authorized director.

2. Filing Forms for 2003–2013 (Past Period)

To file documents or changes that occurred during the Companies Act, 1956 era, you must use the web-based Form GNL-2 (Form for submission of documents with the Registrar) on the V3 portal.

• How it works: Form GNL-2 acts as an "umbrella" routing form. Instead of a web-form processing the old fields, you physically draft the structural details on your company letterhead.
• What to attach:
• A formal clarification letter explaining why this historical backlog is being cleared now.
• Please consult a legal expert before taking final action.

 

CA CS Arun umar Maitra

On Sat, May 16, 2026 at 4:10 PM Divya Sharma <divyashar...@gmail.com> wrote:

[Vinod Kumar Agarwal]

Please speak to the HelpDesk for clarification of forms/filings prior to 01/04/2014.

V K Agarwal

98 101 94149

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[Divya Sharma]

Thank you to all 

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