As per Act Company should file form DIR-12 on reappointment of any Director.
At a Board of Directors meeting, the necessary Board Resolution has to be passed for reappointing an Independent Director. As the re-appointment of such a Director is subject to shareholders' approval, a General Meeting also has to be convened and their authorisation granted.
What are the forms to be filed for adding a new director to a company? MGT-14 – Resolution passed in the general meeting regarding the appointment of the director. DIR-2 – Consent received by the proposed director to hold the position of a director in the company. DIR-12 – Particulars of appointment of the director.
File the Form DIR-12 relating to the particulars of the appointment of a managing director within 30 days of such appointment. File Form MR-1, i.e. return of the appointment of a managing director within 60 days from the date of such appointment.
As per my opinion, in case of re-appointment of Whole Time Director in the Board Meeting, Form MR-1 & MGT-14 required for filing with the concerned RoC. Period of filing of resolution in MGT-14 is with in 30 days from passing of resolution & MR1 should be filed with in 60 days from appointment with the concerned RoC.
For reappointment to a different designation, DIR-12 must be filed for the new designation. The reappointment of MD, WTD, and Manager requires the filing of additional forms, namely MGT-14 and MR-1. Stakeholders can verify the reappointment of directors by inspecting the eForm MGT-14 and MR-1.
Within 30 days of the Board meeting, conduct a general meeting and approve the appointment of an Independent Director by way of special resolution. (Read regulation 25(2A) of SEBI LODR regulations, 2015). File necessary form (DIR-12) with the ROC along with the required documents and fees.
Form No. DIR-12 aims to simplify the process for filing application for particulars of appointment of directors and the key managerial personnel and the changes among them.
Method of Appointment The additional director may be appointed in a meeting of the Board, which may be held physically or through video conferencing or other audiovisual means. The other applicable method of appointment is through circulation, on which no prohibitions have been meted out.
Procedure for Director Appointment or Addition in a Company Step 1: Reviewing the Articles of Association (AOA) ... Step 2: Resolution at a General Meeting. Step 3: Application for DIN and DSC. Step 4: Obtaining Director's Consent (Form DIR-2) ... Step 5: Issuing the Letter of Appointment. Step 6: Regulatory Filings with the ROC.