ROC Compliance for Change in Directors – CA Darshan Vora, Mumbai
Changes in the Board of Directors, such as the appointment, resignation, or removal of directors, require compliance with the Registrar of Companies (ROC). Ensuring proper filing and documentation of such changes is vital to maintain legal compliance and avoid any penalties under the Companies Act, 2013.
What is ROC Compliance for Change in Directors?
ROC compliance for changes in directors refers to the formal process of updating the Registrar of Companies with the latest information regarding the directors of a company. This includes changes like:
- Appointment of a New Director
- Resignation of an Existing Director
- Removal of a Director
- Changes in Director Details
When is ROC Compliance Required for Changes in Directors?
ROC compliance is required in the following scenarios:
- Appointment of a New Director: When a new director is appointed to the board, their details must be submitted to the ROC within 30 days of the appointment.
- Resignation of a Director: If a director resigns from their position, it is essential to inform the ROC within 30 days from the resignation date.
- Removal of a Director: In cases where a director is removed from the board, the company must notify the ROC promptly.
- Change in Director Details: Any changes in the personal details of directors (such as name, address, etc.) must be filed with the ROC.
Steps for Compliance with ROC for Changes in Directors
Here are the key steps for ensuring proper ROC compliance when making changes in directors:
- Board Meeting: The company’s board of directors must pass a resolution for the appointment, resignation, or removal of a director during a duly convened board meeting.
- Shareholder Approval (if applicable): In some cases (e.g., removal of a director), shareholder approval may be required through an Extraordinary General Meeting (EGM).
- Filing with ROC: Once the changes are approved by the Board and shareholders (if required), the company must file the relevant forms with the ROC. This typically involves filing Form DIR-12 for changes in directorship and Form MGT-14 (if a special resolution is passed).
- Update the Statutory Registers: The company must update its statutory registers, including the Register of Directors, and maintain the minutes of the meetings where changes were made.
- Filing Director Consent (if applicable): If a new director is appointed, they must provide their consent in Form DIR-2, which must be filed with the ROC along with the resolution.
Documents Required for ROC Filing
For ROC compliance, the following documents must be submitted:
- Board Resolution for appointment, resignation, or removal of a director
- Shareholder Resolution (if applicable)
- Form DIR-12 for changes in directorship
- Form MGT-14 for special resolutions (if applicable)
- Consent of the new director in Form DIR-2 (if applicable)
- Director’s resignation letter (in case of resignation)
- Minutes of the Board/EGM meeting
Why is ROC Compliance for Change in Directors Important?
Proper compliance ensures that your company remains legally compliant with the Companies Act, 2013. Failure to file the necessary forms or report changes to the ROC can result in penalties or legal consequences.
Benefits of ROC Compliance for Change in Directors
- Legal Compliance: Timely and accurate filing with the ROC ensures compliance with the law, avoiding fines or penalties.
- Accurate Records: Keeps the company’s records up-to-date with the latest information on its board of directors.
- Business Credibility: Proper documentation and compliance improve the company’s reputation with investors, banks, and financial institutions.
- Avoid Legal Issues: Timely compliance prevents future legal challenges or disputes regarding the company’s directors.
Why Choose CA Darshan Vora for ROC Compliance Services?
CA Darshan Vora offers expert services to ensure that your company remains fully compliant with all ROC regulations concerning changes in directors. We handle all the necessary documentation, filing, and communication with the ROC on your behalf.
- Experienced Professionals: Our team of chartered accountants has in-depth knowledge of ROC compliance and will guide you through the entire process.
- Efficient and Timely Filing: We ensure all filings are done on time, avoiding any delays or penalties.
- Comprehensive Support: From drafting resolutions to filing forms, we provide full support in managing changes in the board of directors.
- Affordable Services: Our ROC compliance services are cost-effective and designed to save you time and effort.
- End-to-End Services: We take care of everything from the board resolution to the final submission with the ROC.
Contact CA Darshan Vora for Change in Directors ROC Compliance
If you are planning to make changes to your company’s board of directors, CA Darshan Vora is here to help. We offer comprehensive ROC compliance services to ensure your company stays compliant with the law.
Contact us today for hassle-free ROC compliance services for changes in directors.