Companies incorporated under the #CompaniesAct, 2013 are mandated to file a #DIR12form on the official portal of MCA. The form is filed to notify the Registrar of Companies about the detail relating to the Change/ appointment/Resignation of directors and other officials. The filing of DIR 12 should be done within 30 days of such subject matters.
Rule 8, 15 & 18 of Companies (Appointment & Qualification of Directors) Rules, 2014, Sections 7(1) (c), 168 & 170 (2) of the Companies Act, 2013 and Rule 17 Of Companies (Incorporation) Rules laid out the conditions regarding such subject matters.
When company is required to file DIR 12 form?
DIR 12 form is required to be filed in the circumstances like Appointment of the Director, Resignation of the Director, Or Change in Director's designation.
You can file the DIR 12 form with different event dates like date of change in designation, date of appointment, date of cessation, and date of change in the designation only if such dates are within thirty days of the filing date. If any of these dates fall beyond the said timeline, i.e. 30 days, then a separate form needs to be filed by the applicant for every such event date
Let us understand the requirement of filing the DIR 12 form through an example:
Director A is appointed on 2nd July; Director B is appointed on 12th July. And Director C ceases to serve the company with effect from 19th July. In such a case, particulars of all such changes can be filed through the DIR-12 form only if the form is filed on or before 1st Aug, as all such events fall within 30 days. But, if the company files the DIR 12 form on 5th August, then a separate DIR 12 form should be filed in respect of Director A.
Another thing you need to remember is that for filing of particulars of two or more events relating to the same official, you are mandated to file separate DIR 12 form.
It is recommended that you file the DIR form in chronological order of the events.
Procedure for filing DIR 12 Form
1. Download the e-form DIR-12
This would be the first step. Here you need to visit the MCA portal and download the e-form DIR 12
2. Enter Company Identification Number & tap on the Pre-fill option
Applicants can access the pre-fill facility, which automatically files the e-form based on the particulars that have been fetched out.
The system shall automatically prompt the name, address of the company’s registered office and email contact. The details relating to email contact is editable within the form.
3. Enter Managing Director’s number and particulars
In this step, you must add the company’s managing director particulars and numbers. You can take advantage ofthe instruction kit for simplifying the filing process.
Next, the form must be filled out carefully, and all the details it asks for must be provided. Please make use of the instruction kit
4. Enter contract number and detail of the company’s managers, CFO, secretary
5. Attach Documents
Next, upload the requested documents as cited later in this write-up.
6. Enclose the Digital Signature and Submit the form
Before furnishing the DIR 12 Form, re-examine the same for errors. Enclose your digital signature to authenticate the form, and then tap on the option called “Submit”.
7. Pay the e-form fees and secure SRN
After uploading the e-form, the portal shall prompt you to submit transaction fees. Do the needful to complete the payment process.
Post-successful payment, the portal shall generate the SRN number for future reference.
Penalties for delay filing of DIR 12 form
In case of delay filing of DIR 12, the company can be subjected to significant monetary penalties that could go up to as high as 12 times of standard fees.
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