Question ID :
42261
MCA Compliance
A Company is incorporated on 05.04.2022 with two directors. One director has filed DIR-11 on 16.04.2022.
Bank account is not yet opened.
Whether DIR-12 can be filed by company without filing INC-20A. Now Bank account can not be opened without consent of second director who already resigned.
How company has to comply the statutory requirements.
Posted by
Shobhit Bansal
on
Apr 25, 2022
Filed Under
MISC.
First appoint one director after taking his consent and eligibility i.e. DIR -2, MBP-1 and DIR-8 first. File the DIR-12 for the newly appointed director first. Then file DIR -12 for the outgoing director. This may work.
After coming the second director in place file INC- 20 A with the ROC.
Though after resigning one of the directors, there is constitutional crisis. But try to go ahead in this way.
Posted by
CA. JHA SHANKAR KUMAR on
Apr 26, 2022
Answer ID :
81482
The Company need to file DIR-12 to remove the old director within 30 days, from resignation and appoint another director immediately, to open bank account.
The bank account can be opened within 180 days from incorporation only after appointing one more director.
After 180 days, director cannot be appointed without filing INC20A.
Posted by
ASHISH TULSHYAN on
May 05, 2022