The Ministry of Corporate Affairs has issued a circular No. 03/2015 dated 3rd March, 2015 to provide clarification relating to filing of e-Form DIR-11 & DIR-12 under the Companies Act, 2013.
The difficulty arises because of automatic deactivation of DSC on filing of DIR-1 I (Notice of resignation of a director to the Registrar) by the resigned/resigning Director (s), and none of the new Director’s details having been filed. As a result, form DIR-12 (Particulars of appointment of directors and the key managerial personnel and the changes among them) cannot be filed by a company due to lack of an authorized signatory Director.
After due examination the same has been allowed by the Ministry to allow any one of the resigned director who was an authorized signatory Director for the purpose of filing DIR-12 only along with additional fees, as applicable and subject to compliance of other provisions of Companies Act, 2013.
The Circular No. 03/2015 can also be accessed at the link given below.