Appointment Of a Director

The Companies Act-2013 mandates every firm/company to appoint directors to their board. The director of a company is appointed by the shareholder and will undertake the responsibility of management and governance of business functions.

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LEGAL BITS YOU SHOULD KNOW

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As per Section 149(1)(a), a minimum number of directors required for each type of company are as follows

  1. In a Private Limited Company minimum of 2 directors should be required
  2. In a Public Limited Company, 3 directors should be appointed
  3. In a One Person Company, 1 director should be appointed.

The Companies Act, 2013 prescribes the provisions for appointing directors or adding new directors to a company/firm.

Types of directors,

  1. Independent Director
  2. Alternate Director
  3. Nominee Director
  4. Women Director
  5. Additional Directors
  6. Resident Director

How to apply?

Process of appointment of a director

  1. Eligibility

Shareholders have the right to appoint a new director to the board of directors. The eligibility for appointing a new director is prescribed under the company's Articles Of Association and the person appointed should full fill all the conditions before their appointment.

  1. Consent

At the time of appointment, the director should submit a written document as proof as per the form DIR-2.

  1. Digital Signature

Director must hold a digital signature to fill important documents with the ROC.

  1. Director Identification Number

Every director should have a unique identification number. To get a new identification number the director should approach by filing a form with MCA and the board will pass the resolution to the appointment of the director.

  1. Extraordinary General Meeting

Every company/firm is required to have an extraordinary general meeting where they pass an ordinance to the new director and a notice is issued to all the shareholders of the company informing about the time, place, and date of the meeting. Once the order is passed, the person can be appointed as a director.

  1. Letter of Appointment

Once the resolution is passed, the company/firm can issue the Letter of Appointment to their new director which includes the provisions related to appointment, salary, and responsibilities.

The Registrar of Companies should be informed about their appointment within 30 days. It can be done by filling the prescribed form of DIR-12 with the Registrar of Companies (ROC).

Documents required for Adding a Director

  1. PAN card
  2. ID proof
  3. Passport size photograph
  4. An affidavit signed by the director
  5. Letterhead for the resolution of the board
  6. Digital signature certificate of the new director

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Key updates

As per Section 260 and Section, 284 of the Companies Act, 1956, the Articles of Association of a company are the streamline 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 should be eligible as per the clauses in the Articles of Association and must also give his consent to be a director in written form which the company must register with itself. The Appointment of the Director can be made with the above following and it requires criteria while appointing them to the Board of Directors.

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