Procedure And Regulations For Appointment of Additional Directors (Under Companies Act-2013)

Under the Companies Act 2013, Every directors appointed by the members of the company, but appointment of Additional Directors is the exceptions to this:

 Under Section 161(1) BOD the power  to appoint any person other than a person who fails to get appointed as director in a general meeting ,as an additional director at any time .such director shall hold office up to the date of the next annual general meeting or the last date on witch the annual general meeting should have been held , whichever is earlier .

Procedure of the Appointment of Additional Directors:

1. Make the application for the DIN u/s 153 by filling e-form DIR -3 with the following documents: .

a. Form DIR2 section 152(5) consent to act as the director.

b. Form MBP-1 SEC 184(1) -disclosure of the interest .

c. Form DIR8 SEC 152(4)-Qualified to become a director .

2. Hold Board meeting and pass board resolutions for the appointment of the additional director u/s 161(1)

3. Filling of E-form DIR-12 by the company with the registrar within 30 days of passing of board resolutions.

Procedure To Make The Additional Director As A Normal Director:

1. Hold board meeting for calling AGM and dispatch detailed statement with notice of AGM to the members .

2. Pass the ordinary resolutions for the appointment as director in the general meeting .

3. After filling the E-FORM-DIR-12 with the registrar for the intimation of change in designation from, Additional Director to the Director of the company.

4. maximum number of the additional  directors and  Power to appoint shall be fixed in the AOA .

5. Power of the additional director is same of normal director

REQUIREMENT OF THE FORMS :

1. E-FORM DIR 3 APPLICATION FOR ALLOTMENT OF PIN

2. DIR 2 CONSENT TO ACT AS DIRECTOR

3. NOT DISQUALIFIED TO APPOINT AS DIRECTOR

4. MBP 1 DISCLOSURE OF INTEREST .

5. E-FORM DIR 12 :Particulars of appointment of directors.

RELATED SECTIONS [161(1) ,152,153,Schedule I, Table F, Under the companies act 2013

Author Bio

Qualification: Student - CA/CS/CMA
Company: JYOTI POLYCONTAINERS PVT LTD
Location: MUMBAI, Maharashtra, India
Member Since: 25 Feb 2020 | Total Posts: 10
SELF MOTIVATED BLOG WRITER,STOCK TRADER, View Full Profile

My Published Posts

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Whatsapp

taxguru on whatsapp WHATSAPP GROUP LINK

Join Taxguru Group on Telegram

taxguru on telegram TELEGRAM GROUP LINK

More Under Company Law

Leave a Comment

Your email address will not be published. Required fields are marked *

Search Posts by Date

December 2021
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031