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Change in Directors

Appointment and Resignation of Directors

The Company is an artificial person and cannot work itself. So, accordingly need a some individual who manage the affairs of the Company and run its business, know as Board or Board of Directors.

As per the Companies Act, only an individual can be appointed as a member of Board or Board of Directors. The appointment of directors can be done by shareholders or board of directors.

Following documents are required for appointment of an individual as director:

1.No person shall be appointed as a Director of a Company unless he has been allotted the (DIN) DIRECTOR IDENTIFICATION NUMBER under section 154 of the Companies Act, 2013.

2. Now, Fill form DIR-3 (application for DIN), affix DSC on it and file it on MCA portal, along with fees of Rs. 500 for allotment of DIN along required documents.

3. As now DIN is allotted, prepare documents for appointment of an individual as the director of the company and file these documents in e-form DIR- 12 along with following documents:

  • DIR-2(Consent to act as Director of the Company).
  • DIR-8 (Intimation by Director about his interest in other entities and Disqualification under section 164 of the Companies Act, 2013).
  • Letter of Appointment form the company.
  • Resolution passed by the Company/Board of Directors for his/her appointment.

4.File e-form DIR-12 with ROC along with above-mentioned documents within a period of 30 days from the date of his/her appointment.

Resignation of Directors:

  • A director of the Company can be leave their current position as director on the board of the company through his letter of resignation. Letters of resignation are required to be given to the company by directors intending to resign and are thereafter required to be brought to the attention of the board of the company.
  • A letter of resignation should specify the date from which the resignation is effective since a director (even after resignation) continues to be liable for acts carried out by the company in the period prior to the resignation. The resignation of a director shall take effect from the date on which the notice is received by the company or the date, if any, specified by the director in the notice, whichever is later.
  • In a letter of resignation, along with the director informing the company that he or she is leaving and the effective date of resignation, other details are covered such as requesting the company to carry out the necessary filings under the companies act, 2013.
  • Pursuant to submitting the letter of resignation the director is required to file e-Form DIR-11 with the Registrar of Companies pursuant to Section 168 (1) of the Companies Act, 2013 and Rule 16 of Companies (Appointment and Qualification of Directors) Rules, 2014 alongwith the applicable fee.
  • Further, the company is required to file e-Form-DIR-12 with the Registrar of Companies pursuant to Section 168 (1) of the Companies Act, 2013 and Rule 15 of Companies (Appointment and Qualification of Directors) Rules, 2014.