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quesSelling NBFC but buyer want to appoint director in back dates

We have a NBFC which we want to sale but the Buyer want to appoint two Directors in back date in the month of June 2015 .The AGM has already held and all returns are already files.Whether it is possible to appoint the Directors as suggested by the party as follows and what is the penalty and action taken by ROC and impact of the same.The Compounding shall be done at the level of Regional Director and not at Tribunal.How much shall be penalty and compounding charges. of each default and total amount.

  • ans

     Section 7(1)(C) , 168 & 170(2) of the companies act states that you were required to file  form DIR-12 (Form 32 under the companies Act 2013)  i.e filing of return of appointment/ cessation or change in designation of directors or key managerial personnel withon 30 days of appointment/ cessation/ change in director. However you can go ahead with filing a back dated form DIR-12 (Form 32 under the companies Act 2013) for regularization of the Additional director. The query is answered on the facts provided by you, so we suggest you take a professional legal opinion on the same.

     

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