Home |Company Registration | A company has two directors and we need to appoint one director in place of the resigning director, can we do both the appointment and resignation in the same form?

A company has two directors and we need to appoint one director in place of the resigning director, can we do both the appointment and resignation in the same form?

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B Samrish & Co. Company Secretaries B Samrish & Co. Company Secretaries, www.bsamrishindia.com verified
Answered on February 26,2022

It is valid to appoint a director in a meeting and accept the resignation of the other director in the same meeting.  A Single e-Form DIR-12 can be submitted for Appointment of a new Director and Resignation of Existing Director. 

You are required to do it in sequential order i.e. firstly appointment of the director and then resignation of the other director. The Director resigning from the Board may attend the Board Meeting, but the director who is appointed cannot be present in the meeting as he is not a member of the Board.

For more information on Director’s resignation, please visit Directors Resignation under Companies Act, 2013.

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