In a Company There are various types of Directors like Additional Directors, Alternate Directors, Nominee Director, etc.
Directors are appointed by the shareholders of a Company for the management of a Company. As per Companies Law of 1956, a Private Limited Company is required to have a minimum of two Directors and a Limited Company is required to have a minimum of three Directors.
Appointment or removal of a Director maybe required due to various reasons. We can help you file the necessary filings to add or remove a Director from your Company.
To add a Director
To remove a Director
Minimum no of directors:
As per Section 149 of the Act every company shall have a board of directors consisting of individuals and shall have a minimum number of two directors in the case of a private limited company. The maximum number of directors in a private company can be 15 directors.
Pursuant to the provisions of Section 149(3), every company shall have at least one director who has stayed in India for a total period of not less than one hundred and eighty-two days in the previous calendar year.
Documents Required for Change of Directors.
Ezzus India India
Copy of Draft documents drafted for change of Directors+ Copy of Filed Dir-12 with Challan+ Immediate Change in MCA Records
Ezzus India India
New DIN/ KYC of Director Existing DIN No + Applying DSC of Director+ Copy of Draft documents drafted for Apponitment of 1 Director+ Copy of Filed Dir-12 with Challan+ Immediate Change in MCA Records
Ezzus India India
Complete chnage in directorship+ 2 New DIN/ KYC of 2 Director Existing DIN No + Applying 2 DSC of New Directors+ Copy of Draft documents drafted for Apponitment of 2 Director+ Copy of Draft documents drafted for Resignation of 2 Directors + Copy of Filed Dir-12 forms with Challan+ Immediate Change in MCA Records
1. What are the Different types of Directors:
2. WHAT ARE THE QUALIFICATION FOR THE APPOINTMENT OF DIRECTORS
There are no exact provisions for the qualification of directors in Companies Act, 2013. Although certain qualifications are required:
3. WHAT ARE THE DISQUALIFICATION OF DIRECTORS
Section 164 of Companies Act, 2013 stipulates that the person cannot be appointed as a director if he had the following disqualification:
4. What are the Pre-requisites for changing directors in Private Limited Company?
While carrying change in the board of directors, the company must obtain consent from its Board and members, as required by passing a resolution. Further, the care must be taken that the number of directors does not fall below the statutory limit after removal or resignation.
5. What are the Requirements for Becoming director?
A 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.
6. What are the Documents required for Obtaining Din No.?
Digital Signature Certificate of a director is the primary requirement for applying DIN online. Therefore he must have DSC with a validity period.
Documents required to be attached with the form DIR-3 for applying DIN online:
7. Can I apply for another DIN, if I have already procured one?
No, you are not required to obtain another DIN or we cn say that you cannot apply for New DIN. It is permanently allotted and is pan based allotted once in life of every director and can be used for a person’s subsequent appointment in any company/LLP.
8. Can a Body Corporate be appointed as director in the company?
No, Only an individual can act as a director in the company. Hence, if any LLP or Company is willing to be added as a director in the company, only its representative may act as the director.
9. Whether NRIs / Foreign Nationals can be appointed as director in Private Company?
Yes, an NRI or Foreign National can be a Director of a Private Limited Company after obtaining Director Identification Number. However, at least one Director on the Board of Directors must be an Indian Resident any time after company incorporation.
10. What is the Procedure for Appointment of Director?
After Obtaining DIN of the Appointee Director.
Submit the form DIR-12 with ROC within 30 days of passing resolution along with the following documents as an attachment annexed to the form:
11. Do a person need any approval of Board for Resigning from the Post of Director likewise appointment needs?
No, a director can voluntarily resign and does not need any approval from board. The notice of resignation must be served to company stating reason of resignation. Also, the resigning director needs to file a form DIR-11 for intimation to MCA about his resignation from company. And request the company to file Dir-12 for his resignation.
12. What is the procedure of Resignation of Directors?
Following is the procedure for the resignation of the director under Section 168 of Companies Act, 2013:
13. What is the Difference between resignation & removal of Director?
The Resignation of Director means Self Resignation by the Director Himself and Removal of Director is to be done by the shareholders of the Company.
14. What should be done to remove a Director from a company?
In order to remove a director from a Company, the directors shall call a EGM of members for their consent after serving special notice in this regard. The exiting director must be given an opportunity to represent his grounds.
15. What is the Procedure for Removal of Director?
Section 169 of Companies Act, 2013, governs the provisions for the removal of directors. A director can be removed by the shareholders of the Company before the expiry of their tenure. Every removal must be reported by a Company to MCA. All the matter of removal is thoroughly scrutinized by ROC.