Scope of e-Form DIR-12 widened for “ACTIVE-non-compliant Company”

Ministry of Corporate Affairs vide notification dated 16 October, 2019 has amended the Companies Incorporation rules. Pursuant to this amendment,

1. ACTIVE-non-compliant Company can now file e-form DIR-12 for appointment of director in addition to cessation in following cases: 
• The total number of directors is less than the minimum number under section 149(1)(a) (i.e. 2 in case of private company and 3 in case of public company) on account of disqualification of all or any of the director under section 164.
• The DINs of all or any it’s director have been deactivated.
• For implementation of the order passed by the Court or Tribunal or Appellate Tribunal under the provisions of the Companies Act, 2013 or under the Insolvency and Bankruptcy Code, 2016
2. Revised timelines has been prescribed for passing the order by the Regional Director (RD) in case of shifting of Registered Office from one jurisdiction to another jurisdiction of RoC but within the same State:

Particulars	Erstwhile timelines	Revised timelines
Confirmation order passed by RD	30 days	15 days
Filing of certified copy of RD with RoC	60 days	30 days

The notification can be downloaded from following link:

http://www.mca.gov.in/Ministry/pdf/CompIncEighthAmndtRules_18102019.pdf