APPOINTMENT OF ADDITIONAL DIRECTOR / DIRECTOR IN EXISTING COMPANY
STEPS FOR APPOINTMENT OF ADDITIONAL DIRECTOR / DIRECTOR IN EXISTING COMPANY.
Every person to be appointed as Additional Director / Director in the existing Company is required to have DIN no before his appointment.
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.
PROCEDURE FOR DIN APPLICATION FOR APPOINTMENT OF ADDITIONAL DIRECTOR IN EXISTING COMPANY.
PROCEDURE FOR APPOINTMENT OF ADDITIONAL DIRECTOR IN THE EXISTING COMPANY
After DIN is obtained for appointment of Additional Director in existing Company, Company is required to held a Board Meeting for Appointment of Additional Director in the Company after giving a notice of 7 days of the Board Meeting to the Board of Directors.
Pursuant of Section 161(1) of the Companies Act, 2013 read with Rule 8, 9 and 14 of the Companies (Appointment and Qualification of Directors) Rules, 2014 and other applicable provisions of the Companies Act, 2013, (including any Statutory modifications or en-enactment thereof), and provisions of the Articles of Association of the Company appointment of Additional Director in the existing Company.
e-Form DIR-12 is required to be filed for Appointment of Additional Director in the existing Company.
Details such as CIN of Company, No of Additional Directors for which form to be filed, fill the DIN of the proposed Additional Director, Select Category, Designation, enter the date of Appointment, Mail id of the proposed Additional Director etc. is required to be mentioned in the e-Form.
ATTACHMENTS of e-Form DIR-12:
1) CTC copy of the Board Resolution.
2) DIR-2 alongwith Proof of Identity and Proof of Residence
3) Interest in Other Entities
4) Letter of Appointment
5) DIR-8 and MBP-1
PROCEDURE FOR APPOINTMENT OF DIRECTOR IN THE EXISTING COMPANY
Firstly, DIN is to be obtained for appointment of Director in the existing Company.
Link of the detailed procedure for DIN Application for Director in the existing Company Link: https://taxguru.in/company-law/din-application-proposed-director-designated-partner-partner-existing-company-llp.html
APPOINTMENT OF DIRECTOR IN THE EXISTING THE COMPANY
Company is required to held a Extra-Ordinary general meeting for which 21 days clear notice of the EGM is to be given. EGM could be held prior, less then 21 days notice if 95% of Shareholders consent is received.
Pursuant to provisions of section 152 read with Rule 8, 9 and 14 of the Companies (Appointment and Qualification of Directors) Rules, 2014 and other applicable provisions of the Companies Act, 2013 read with rules made thereunder (including any statutory modification(s) or re-enactment thereof for the time being in force) and provisions of the Articles of Association of the company consent of the shareholders of the company appointment of Director in the Company.
e-Form DIR-12 is required to be filed for Appointment of Director in the existing Company.
Details such as CIN of Company, No of Directors for which form to be filed, fill the DIN of the proposed Director, Select Category, Designation, enter the Date of Appointment, Mail id of the proposed Director etc. is required to be mentioned in the e-Form.
ATTACHMENTS of e-form DIR-12
1) Notice of EGM, Explanatory Statement and CTC copy of the EGM.
2) DIR-2 alongwith Proof of Identity and Proof of Residence
3) Interest in Other Entities
4) Letter of Appointment
5) DIR-8 and MBP-1
QUICK NOTE:
- In one DIR-12 one could file details for 4 applicants not more then four.
- In one DIR-12 more one applicant details could be filed only if Date is within 30 days from the Date of the first applicant mentioned in e-form DIR-12 whether for Appointment or Resignation.
- Maximum 15 Directors can be appointed. (If more then 15 Directors are to be appointed then special resolution is required to be passed at the meeting).
- As per the Section 149 of Board of Directors must have at least one resident Director.
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