DIR-12 Directors or KMP change

ROC DIR-12 Directors or KMP change

What is DIR-12?

 

Companies have to file e-Form DIR–12 on MCA Portal to notify ROC about the particulars related to appointment/Change/Resignation of directors and Key Managerial Personnel within 30 days of such event by the Company pursuant to Sections 7(1) (c), 168 & 170 (2) of the Companies Act, 2013 and Rule 17 Of Companies.

 

Who has to file the form?

The change in the directorship of a company is possible at any time as and when needed. The change can be either voluntarily or through demand. The demand arises in case there is a requirement of an expert in the board or due to resignation or death of an existing director.

 

When has to be done?

Any Director has been appointed by the Company or has resigned from the company or there has been change in designation of Director, then e-Form DIR-12 containing Such Particulars and documents as may be prescribed in the form shall be filed with registrar within 30 Days from the Date of Appointment/Resignation or the date of such change taking place.

What’re the documents or attachments needed for DIR-12?

• Notice of EGM, Explanatory Statement and CTC copy of the EGM
• DIR-2 alongwith Proof of Identity and Proof of Residence
• Interest in Other Entities
• Letter of Appointment
• DIR-8 and MBP-1

QUICK NOTE:

• In one DIR-12 one could file details for 4 applicants not more then four.
• In one DIR-12 more one applicant details could be filed only if Date is within 30 days from the Date of the first applicant mentioned in e-form DIR-12 whether for Appointment or Resignation.
• Maximum 15 Directors can be appointed. (If more then 15 Directors are to be appointed then special resolution is required to be passed at the meeting).
• As per the Section 149 of Board of Directors must have at least one resident Director.