Simple Guide to Forms DIR-11 and DIR-12 with PDF Formats

Arpit Kulshrestha

2 years ago

What is Form DIR-12?

e-Form DIR-12 is needed to be furnished for Appointment/Resignation or towards the case of revision in Designation of Directors of the Company through the Company following to Sections 7(1) (c), 168 & 170 (2) of the Companies Act, 2013 and Rule 17 of Companies (Incorporation) Rules 8, 15 & 18 of Companies (Appointment and Qualification of Directors) Rules, 2014.

What is Form DIR-11?

While e-Form DIR-11 is needed to get furnished to provide the notice of resignation of director to the registrar via Director itself pursuant to Section 168 (1) of the Companies Act, 2013 and Rule 16 of Companies (Appointment and Qualification of Directors) Rules, 2014.

e-Form DIR-12 for Appointment/Resignation

In which any Director is been hired through the firm or has resigned via firm or there is a revision in the director’s designation, then e-Form DIR-12 which consists of these particular and the documents as mentioned in the form will be furnished with the registrar in 30 days from the appointment date or resignation or the date of these revisions that ruled so.

This Form has three aspects:

Appointment
Resignation
Change in Designation

A single e-Form DIR-12 can be furnished towards the appointment of the new director and the resignation of the current director or the amendment in the designation of the current director when the form is furnished in 30 days from the appointment date and the date of resignation or the date of an amendment that ruled.

But to furnish the information concerning the appointment and cessation towards the identical individual, a separate e-form will be needed to get furnished.

All the marked fields are compulsory to be filled along with non-compulsory on a better note.

If the number of directors toward which the form is furnished exceeds 15 then nextly the addendum e-Form DIR-12 will be needed to get furnished.

There are some mentioned things concerning the appointment of the director.

The director who appoints must not be linked to more than 20 firms as a director and towards the concern of public firms, the appointment of the director will not be permitted if he is formerly a director exceeds 10 public firms.
Every individual who is hired to hold the office of the director will on or prior to the declaration the consent of the company in the writing for the act in Form No. DIR-2:
Interest towards the additional entities is needed to get specified towards the concern of appointment that is all the information such as no of entities where the director is appointed poses the interest in the additional entity and the shareholding percentage along with the amount of shareholding as well as the kind of interest will be stated within the CIN No. of the organization where the director to get hired poses interest. There is the information of only 1 entity that would be entered inside the form, but if the interest exceeds 1 entity then a separate sheet will be attached within the form which shows the interest.

Below are the scanned credentials that are important and will be attached to the form:

For the part of Appointment of Director:

Letter of appointment needs to get attached towards the case of an appointment with the Director / Manager / Company Secretary / CEO / CFO.
Declaration of the appointee director, managing director, in Form No. DIR-2 to be attached towards the appointment of a Director / Manager / Company Secretary / CEO / CFO.
Interest in other entities of the director needs to get attached towards the number of entities entered is exceeds than one.
Admission through the first director in Form INC-9 is to attach for the concern of the latest company

Resignation Part for Director Notice:

Notice of resignation needs to be attached for the case of cessation of a Director / Manager / Company Secretary / CEO / CFO.
Evidence of cessation is to be attached towards the case of cessation of a Director / Manager / Company Secretary / CEO / CFO.

The additional details shall be furnished as an optional attachment(s).

e-Form DIR-11 Notice for Resignation of Director

In which the director furnishes the resignation from his office he in a duration of 30 days from the resignation date, forward to the registrar a copy of his resignation including the cause of the registration in Form DIR-11 including with the fee as given in the Companies (Registration Offices and Fees) Rules, 2014.
The reason must be written in form for the resignation through the director.
The form will be digitally signed through the director who furnishes the resign from the office.
The resignation will opt from the date upon which the notice of the enrollment is obtained through the firm or the other date mentioned through the director in the notice whichever is later.
The Effective Date of resignation {Field 4(B)} will be the date as inserted through the firm in e-Form DIR-12 for cessation of the Director.
The mentioned are the scanned documents which are essential and will be attached within the form:
- Notice of Resignation filed with the Company
- Proof of Dispatch
- Acknowledgement obtained via firms If any (essentials only if yes selected at serial no.6 in the form )

Form DIR-2 (Declaration to be essentially attached in e-Form DIR-12 in case of Appointment)

Form DIR-2 Appointment and Qualification of Director

[Pursuant to Section 152(5) and rule 8 of Companies (Appointment and Qualification of Director) Rules, 2014]

To,

Company Name

Address Line 1

Address Line 2

City, State Pin Code

Subject: Consent to act as a Director

I, (Mr. /Ms. Director Name) hereby give my consent to act as Director of (Company Name), pursuant to subsection (5) of section 152 of the Companies Act, 2013 and certify that I am not disqualified to become a Director under the Companies Act, 2013.

Sl. No	Particulars	Details
1	Director Identification Number (DIN)
2	Full Name
3	Father’s Name
4	Address
5	Email
6	Mobile Number
7	Income Tax PAN
8	Occupation
9	Date of Birth
10	Nationality
11	No of the companies where i am the Managing Director, Chief Executive Officer, Whole Time Director, Secretary, Chief Financial Officer, Manager.	(Name of Company),(Designation)
12	The Particulars of membership No. and Certificate of practice No.when the applicant is a member of any professional Institute. Particularly state Nil if none	NIL