Download DIR 12 Form: Everything You Need to Know
If you are a company incorporated under the Companies Act, 2013, you might have heard of the DIR 12 form. But what is it exactly and why do you need to file it? In this article, we will explain everything you need to know about the DIR 12 form, including its purpose, applicability, process, benefits and penalties. We will also show you how to download, fill and file the form online.
download dir 12 form
What is DIR 12 Form?
DIR 12 form is a form prescribed by the Ministry of Corporate Affairs (MCA) for notifying the Registrar of Companies (ROC) about the details relating to the appointment, change or resignation of directors and key managerial personnel (KMP) of a company. The form is filed on the official portal of MCA using the digital signature certificate (DSC) of the authorized person.
Purpose of filing DIR 12 Form
The purpose of filing the DIR 12 form is to inform the ROC about any changes in the composition or designation of the board of directors or KMP of a company. This helps in maintaining the accuracy and transparency of the records of the company and its officials.
Who needs to file DIR 12 Form?
Every company registered under the Companies Act, 2013 is required to file the DIR 12 form whenever there is any appointment, change or resignation of directors or KMP. The form is filed by the company on behalf of its directors or KMP.
When to file DIR 12 Form?
The DIR 12 form should be filed within 30 days from the date of such appointment, change or resignation. However, in case of appointment due to disqualification of all the existing directors or appointment by liquidator or insolvency resolution professional (IRP) or resolution professional (RP), the form should be filed within seven days from such appointment.
How to download DIR 12 Form?
You can download the DIR 12 form from two sources: MCA website or Corpbiz website. Here are the steps for both:
How to download dir 12 form from MCA portal
Download dir 12 form for appointment of director
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Steps to download DIR 12 Form from MCA website
Visit the MCA website at
Click on "MCA Services" tab and select "e-Filing" option
Click on "Company Forms Download" option
Select "DIR-12" from the list of forms and click on "Download" button
Save the ZIP file containing the form and instruction kit on your computer
Extract the ZIP file and open the PDF file containing the form
Steps to download DIR 12 Form from Corpbiz website
Visit the Corpbiz website at
Click on "Services" tab and select "Company Registration" option
Scroll down to the bottom of the page and click on "Download DIR-12 Form" button
Enter your name, email and phone number and click on "Submit" button
Check your email for the link to download the form and instruction kit
Click on the link and save the ZIP file containing the form and instruction kit on your computer
Extract the ZIP file and open the PDF file containing the form
How to fill and file DIR 12 Form?
Once you have downloaded the DIR 12 form, you need to fill it with the required details and attach the necessary documents. Then, you need to file it online on the MCA portal using your DSC. Here are the steps for filling and filing the form:
Details required for filling DIR 12 Form
The DIR 12 form consists of three parts: Part A, Part B and Part C. Part A is mandatory for all cases, while Part B and Part C are optional depending on the nature of change. The details required for filling each part are as follows:
Part
Details
A
CIN of the company
Name of the company
Date of board resolution or general meeting authorizing the change
Type of change (appointment, cessation, change in designation or particulars)
Name, DIN, PAN, date of appointment or cessation, designation, category and address of each director or KMP affected by the change
Declaration by the authorized person of the company
B
Name, DIN, PAN, date of birth, nationality, gender, occupation, educational qualification, email ID, phone number and address of each director or KMP appointed by the company
Consent letter from each director or KMP appointed by the company in Form DIR-2
Declaration by each director or KMP appointed by the company in Form DIR-8 that he/she is not disqualified under Section 164(2) of the Companies Act, 2013
Verification letter from each director or KMP appointed by the company in Form DIR-7 that he/she has verified his/her particulars with the original records
C
Name, DIN, PAN, date of birth, nationality, gender, occupation, educational qualification, email ID, phone number and address of each director or KMP who has resigned or whose particulars have changed
Resignation letter from each director or KMP who has resigned from the company in Form DIR-11
Reason for resignation or change in particulars of each director or KMP who has resigned or whose particulars have changed
Date of resignation or change in particulars of each director or KMP who has resigned or whose particulars have changed
Effective date of resignation or change in particulars of each director or KMP who has resigned or whose particulars have changed
Documents required for filing DIR 12 Form
The documents required for filing DIR 12 form are as follows:
DSC of the authorized person of the company (director or manager or secretary)
DSC of each director or KMP appointed by the company (if applicable)
Certified true copy of board resolution or general meeting resolution authorizing the change (mandatory)
Certified true copy of Form DIR-2 (consent letter) from each director or KMP appointed by the company (if applicable)
Certified true copy of Form DIR-8 (declaration) from each director or KMP appointed by the company (if applicable)
Certified true copy of Form DIR-7 (verification letter) from each director or KMP appointed by the company (if applicable)
Certified true copy of Form DIR-11 (resignation letter) from each director or KMP who has resigned from the company (if applicable)
Certified true copy of any other document supporting the change (if applicable)
Fees and penalties for filing DIR 12 Form
The fees for filing DIR 12 form depend on the authorized share capital of the company. The fees are as follows:
Authorized Share Capital (in Rs.)
Fees (in Rs.)
Less than 1,00,000
200
1,00,000 to 4,99,999
300
5,00,000 to 24,99,999
400
25,00,000 to 99,99,999
500
1,00,00,000 or more
600
If the DIR 12 form is filed after the due date, an additional fee of Rs. 100 per day will be charged till the date of filing. The maximum additional fee cannot exceed Rs. 5,00,000.
If the DIR 12 form is not filed at all or filed with false or incorrect information, the company and its officials will be liable for penalties under Section 448 and Section 449 of the Companies Act, 2013. The penalties may include imprisonment for up to six months or fine ranging from Rs. 50,000 to Rs. 5,00,000 or both.
Benefits of filing DIR 12 Form
Filing the DIR 12 form has several benefits for the company and its directors or KMP. Some of them are:
Compliance with the Companies Act, 2013
Filing the DIR 12 form is a mandatory requirement under Section 170 of the Companies Act, 2013. By filing the form on time and with accurate information, the company ensures that it complies with the law and avoids any legal issues or disputes.
Updating the records of the Registrar of Companies
Filing the DIR 12 form helps in updating the records of the ROC about the current status and particulars of the directors or KMP of the company. This helps in maintaining the transparency and credibility of the company and its officials in the eyes of the stakeholders and authorities.
Avoiding legal consequences and penalties
Filing the DIR 12 form also helps in avoiding any legal consequences and penalties that may arise due to non-filing or late filing or false filing of the form. The company and its officials can save themselves from any imprisonment or fine or both by filing the form on time and with correct information.
Conclusion
In conclusion, DIR 12 form is an important document that every company registered under the Companies Act, 2013 should file whenever there is any appointment, change or resignation of directors or KMP. The form can be downloaded from MCA website or Corpbiz website and filled and filed online on MCA portal using DSC. The form should be filed within 30 days from the date of such change or within seven days in some cases. The fees for filing the form depend on the authorized share capital of the company and an additional fee is charged for late filing. The benefits of filing the form include compliance with the law, updating the records of ROC and avoiding legal consequences and penalties.
FAQs
What is DIR 12 form?
DIR 12 form is a form prescribed by MCA for notifying ROC about the details relating to the appointment, change or resignation of directors or KMP of a company.
Who needs to file DIR 12 form?
Every company registered under the Companies Act, 2013 needs to file DIR 12 form whenever there is any appointment, change or resignation of directors or KMP.
How to download DIR 12 form?
You can download DIR 12 form from MCA website or Corpbiz website by following some simple steps.
How to fill and file DIR 12 form?
You need to fill DIR 12 form with the required details and attach the necessary documents. Then, you need to file it online on MCA portal using your DSC.
What are the fees and penalties for filing DIR 12 form?
The fees for filing DIR 12 form depend on the authorized share capital of the company and range from Rs. 200 to Rs. 600. An additional fee of Rs. 100 per day is charged for late filing. The penalties for not filing or false filing of the form may include imprisonment or fine or both.
I hope this article has helped you understand the DIR 12 form and how to download, fill and file it. If you have any queries or suggestions, please feel free to contact me. Thank you for reading. 44f88ac181
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