Directors Appointment | Appointment Of Directors

Compliance

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As per section 149(1) of the Companies Act, 2013, the Articles of Association of a company are the source of authority from where the Board of Directors draws the right to add new directors to the Board or remove existing ones. The Articles of Incorporation must provide for the addition of Directors. The person appointed must be eligible as per the relevant clauses in the Articles of Association and must give his consent to be a director in written form which the company must register with itself.

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Types of Directors

1. Managing Director
2. Executive Director
3. Additional Director
4. Alternate Director
5. Ordinary Director

Process of Registration

1. Board Resolution – TeamIndia consultants will help you complete all the documentation needed for a director appointment. Once you fill in a simple checklist then We will draft and prepare all the relevant board resolutions needed for the purpose.
2. DSC & DIN – We will apply for your DSC & DIN. DIN is Director identification number, which is a mandatory requirement for director appointment. Once the same is allotted to you, we will obtain the consent letter in the prescribed format.
3. DIR 12 form – Once we complete the documentation for the appointment of the director with DIN, DSC, and Consent letter, we will file DIR 12 form with Ministry. Once filed successfully, we will share acknowledgment with you over your registered email ID.

Document Required

1. Passport
2. Identification proof (PAN card)- Self-attested
3. Proof of residence (electricity bill, rental agreement, Aadhar Card, Voter ID, Passport, Driving License)
4. Passport size photograph
5. Digital Signature Certificate of the proposed Director
(PAN card: Mandatory for an Indian Applicant Passport: Mandatory for a foreign Applicant)

Frequently Asked Questions

Recently one of the two directors of my Private Limited company resigned from his term of office and the company is left only with one Director. What should I do in such a case?

In a private limited company the minimum number of shareholders is 2. If the total number of directors is less than the number prescribed, the company shall appoint a director(s) in the company to fulfill the requirement within 6 months from removal/resignation/death of the concerned director.

What are the requirements for becoming a director of a company?

The Director of a Company must be above the age of 18 and must have a Director Identification Number. The person can be an Indian National or a Foreign National.

Can a Body Corporate be appointed as Director?

No, a body corporate can not be appointed as a Director. Only an individual (natural person) can be appointed as a director in a company.

Are NRI’s / Foreign Nationals can be appointed as a director in an Indian Company?

Yes, an NRI or a foreign national can be appointed as a director in an Indian Company after obtaining the DIN. However, in the board of the director, there must be atleast one director who is Indian resident.

What is the minimum number of Directors required for a company?

A Private Limited Company must have a minimum of two Directors at all the times. Where a One Person Company requires to have a minimum of one Director at all the times. On the other hand, a Public Limited Company must have a minimum of three Directors at all the times.

What are the documents required for obtaining DIN?

A Digital Signature, Signed Affidavit from the proposed Director and information about the identity and address of the Director is required.

For the appointment as a Director, does the person require to apply for another DIN if he already has one?

No, if the person to be appointed as director already has a DIN then he is not required to obtain another DIN. It is permanently allotted and can be used for a person’s subsequent appointment in any company/LLP.

What is the procedure for removing a Director from a company?

A Company can remove a Director by passing an ordinary resolution in an Annual General Meeting or an Extraordinary General Meeting. Ordinary resolutions can be passed by a simple majority. Once a resolution is passed, the Company must file the Resolution along with the necessary forms to the Ministry of Corporate Affairs to remove a Director.

Do I need to sale/transfer my shares while ending my tenure as director in a company?

No, even after the end of the tenure as director, a person can hold the shares in the company. However, if the shares in the company are subscribed as a condition to appointment as provided by AoA, the shares are also required to be disposed of in the manner provided in AoA.

Which Cities do you provide your services?

TeamIndia provides a process of Appointment of Director all across India.