Company Law - Difficulty in filing information about new directors - MoCA clarifies
THIS Ministry has received several representations about the difficulties faced by stakeholders due to 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. The difficulty arises because of automatic deactivation of DSC on filing of DIR-11
(Notice of resignation of a director to the Registrar) by the resigned/resigning Director (s), and none of the new Director's details having been filed. As a result, Form DIR-12
(Particulars of appointment of directors and the key managerial personnel and the changes among them) cannot be filed by a company due to lack of an authorized signatory Director.
It is clarified that the Registrar of Companies within the irrespective jurisdictions are authorized, on request from the stakeholders, and after due examination, to allow any one of the resigned directors who was an authorized signatory Director for the purpose of filing DIR-12.
MoCA General Circular No. , Dated: March 03, 2015