MCA has recently issued Companies (Incorporation) Eighth Amendment Rules, 2019 on 16 th October, 2019.
As per Notification mentioned above there is amendment in Rule 25A i.e. Active Company Tagging Identities and Verification (ACTIVE).
1. Whether DIR-12 can be file for cessation of Director?
Yes even status of Company is inactive. Company is allowed to file DIR-12 for cessation of Director.
2. Due to any reason all the directors are disqualified u/s 164. Whether Company can get appointment of one director from backend.
Yes as per latest amendment, even if all the directors are disqualified and status of company is inactive. ROC can appoint one director from backend.
3. In question No.2. Whether DIR-12 can be file for appointment of Second Director?
Yes, once one directors appointed by ROC from backend. DIR-12 can be file for appointment of another director even status of company is inactive.
4. Where DIN of all or any of the directors are deactivated, whether DIR-12 can be file by Company for appointment of new Director.
Yes as per latest amendment, even DIN of all or any of Directors are deactivated still Company can file DIR-12 with Roc for appointment of new Director.
5. Due to any reason any directors are disqualified u/s 164 and minimum no. of directors reduces below minimum limit. Whether Company can file DIR-12 for appointment of new Director.
Yes as per latest amendment, Company can file e-form DIR-12 for appointment of new director in above condition even status of Company is inactive.
As per Notification mentioned above there is amendment in Rule 25A i.e. Active Company Tagging Identities and Verification (ACTIVE).
1. Whether DIR-12 can be file for cessation of Director?
Yes even status of Company is inactive. Company is allowed to file DIR-12 for cessation of Director.
2. Due to any reason all the directors are disqualified u/s 164. Whether Company can get appointment of one director from backend.
Yes as per latest amendment, even if all the directors are disqualified and status of company is inactive. ROC can appoint one director from backend.
3. In question No.2. Whether DIR-12 can be file for appointment of Second Director?
Yes, once one directors appointed by ROC from backend. DIR-12 can be file for appointment of another director even status of company is inactive.
4. Where DIN of all or any of the directors are deactivated, whether DIR-12 can be file by Company for appointment of new Director.
Yes as per latest amendment, even DIN of all or any of Directors are deactivated still Company can file DIR-12 with Roc for appointment of new Director.
5. Due to any reason any directors are disqualified u/s 164 and minimum no. of directors reduces below minimum limit. Whether Company can file DIR-12 for appointment of new Director.
Yes as per latest amendment, Company can file e-form DIR-12 for appointment of new director in above condition even status of Company is inactive.
