Thursday, March 5, 2015

ROC can allow e-filing of DIR-12 by one of the resigned directors who was an authorized signatory


MCA has received several representations with regard to difficulties faced by stakeholders in filing Form DIR-12. The difficulty arises due to the deactivation of Digital signature certificate (DSC) following en masse resignation of all the directors of a company before appointment of new directors in their places. As a result, Form DIR-12 (Particulars of appointment of directors and the key managerial personnel and the changes among them) couldn’t be filed by few companies due to lack of an authorized signatory Director.

Thus, MCA has provided much needed relief to such stakeholders by authorizing the ROCs to allow any one of the resigned directors who was an authorized signatory Director to e-file Form DIR-12 along with additional fees subject to compliance of other provisions of the Companies Act, 2013.

Editor’s Comments: MCA has temporarily allowed e-filing of such form by one of the resigned directors till an alternate mechanism is put in place in MCA 21 system. It is a welcome step in the direction of promoting ease of doing business by removing the obstacles faced by the stakeholders in ordinary course of business. – [GENERAL CIRCULAR NO.3/2015 [F.NO.MCA21/272/2014 Dated, 04-03-2015]
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