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Appointment of Director

APPOINTMENT OF DIRECTOR

Do you want to appoint director in your company but backing due to the lengthy compliance on paper. LegalDIsha is here to rescue you. Experience our fastest and reliable compliances at best challenging affordable rates with fastest processing.

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    OVERVIEW

    The board of director perform the function of direction and management of the business affairs of the company and exercise powers of the company. Appointment of directors shall be made in general meeting by the company, where articles of company must authorize board to appoint directors.

    HOW WE WORK

    Fill the form and make nominal payment.

    1. Fill the form and make nominal payment.

    Our experts will collect and verify the necessary documents.

    2. Our experts will collect and verify the necessary documents.

    Make the balance payment.

    3. Make the balance payment.

    Preparation and filing of  form for appointment of director along with all the information.

    4. Preparation and filing of  form for appointment of director along with all the information.

    You will receive acknowledgment for filing.

    5. You will receive acknowledgment for filing.

    CONGRATULATIONS YOU GOT FORM FILING DONE !!!

    DOCUMENTS REQUIRED FOR APPOINTMENT OF DIRECTOR

    Digital Signature Certificate & DIN
    Digital Signature Certificate & DIN

    DSC of director to sign forms & Valid DIN

    Photograph of the proposed director
    Photograph of the proposed director

    Passport size photograph

    Identity proof of the proposed director
    Identity proof of the proposed director

    • PAN card
    • Voter ID/ Passport/ Driving License

    Residence Proof of the proposed director
    Residence Proof of the proposed director

    • Aadhar Card
    • Bank Statement

    MINIMUM BOARD COMPOSITION

    Public Company Private Company One Person Company
    Minimum 3 directors (whole time) Minimum 2 directors( whole time) Minimum 1 director (whole time)
    ELIGIBILITY OF DIRECTORSHIP

    An individual can hold directorship in maximum 20 companies out of which maximum 10 directorships in public companies only.

    In case of directorship in private companies which are either holding or subsidiary company of a public company shall be considered as public company at the time of calculation of directorship.

    PROCEDURE OF APPOINTMENT OF DIRECTORS

    For Appointment of directors in a Company following steps are involved:

    1
    Checking of AOA

    Check whether Article of association of company authorizes the board to appoint Director or make alteration as per requirement.

    2
    DIN & Consent of director

    Check whether the proposed director possess DIN and DSC. Take Consent of the person in writing to act as Director in Form DIR-2 before his appointment.

    3
    Meeting for Approval for appointment

    After Receiving consent from the director: –

    • Convene Board Meeting
    • Pass Board Resolution regarding appointment Issue letter of appointment to director.
    • Filing of e-form DIR-12 along with prescribed fees.
    • Inform other companies in which he is director about his/her appointment.
    Frequently Asked Questions

    Which form is required to be filed for appointment of director?

    DIR-12 is required to be filed for appointment of director.

    What should one must know before changing directors in Company?

    Before changing directors in the board of directors, consent from its Board and members must be obtained, as required by passing a resolution. The number of directors shall not fall below the statutory limit after removal or resignation.

    What should one must do if number of director(s) in company is less than two-third?

    If the total number of directors is less than two-third, the company shall appoint a director(s) in the company for the purpose of fulfillment of the requirement within 6 months from resignation/removal/ death of the director.

    What are the attachments required for the appointment of director in the company?

    The attachments required for the appointment of director in the company are-

    • Consent of proposed Director in Form DIR-2.
    • Appointment letter
    • Board Resolution
    • Interest of director in other entities (if any).

    In what manner appointment of first directors takes place?

    At the time of incorporation the company may name some persons as first directors in its articles. In case the articles of a company does not provide any name for the appointment of first directors then the individuals subscriber of the MoA shall be deemed first directors until the directors are appointed by the members of the company.

    What is the maximum number of directorship an individual can hold?

    The maximum number of directorship an individual can hold As per Companies act 2013 is-
    maximum 20 companies subject to maximum 10 directorships in public companies. For the purpose of calculating such directorship. Alternate directorship shall also be included.

    What are the types of director which can be appointed by the board?

    If authorized by articles of the company following type of directors can be appointed by board-

    • Additional Director
    • Director to fill casual vacancy
    • Alternate Director

    What are the pre-requisites for addition of a director in company?

    An individual to be appointed as director must be major and qualified under the Companies Act, 2013. the consent of the members is also required for the appointment.

    Whether it is mandatory for every director needs to subscribe shares for his appointment?

    No, There is no mandatory requirement to subscribe the shares by the director for his appointment. In case the Articles of the company prescribe any such subscription, it should be fulfilled as a condition for appointment of director.

    Can a Body Corporate also be appointed as director in the company?

    No, Only an individual is eligible to act as a director in the company. In case any LLP or Company is willing to be added as a director in the company, only representative of LLP or Company may act as the director.

    Whether Foreign Nationals / NRI are eligible for appointment of director in a Company?

    Yes, an Foreign National / NRI can be a Director of a Company but only after obtaining Director Identification Number and at least one Director in the Board of Directors must be an Resident of India any time after company incorporation.