The Ministry of Corporate Affairs vide its notification no. G.S.R. 410(E) dated 01.06.2022 has amended the Companies (Appointment and Qualification of Directors) Rules, 2014 and therefore notified the Companies (Appointment and Qualification of Directors) Amendment Rules, 2022.
While appointment of director Pursuant to section 152(5) and rule 8 of Companies (Appointment and Qualification of Directors) Rules, 2014], Form DIR-2 is required to be obtained from the proposed Director.
AMENDMENT:
In Companies (Appointment and Qualification of Directors) Rules, 2014-
In case the person seeking appointment is a national of a country which shares land border with India (namely China, Bangladesh, Pakistan, Bhutan, Nepal, Myanmar and Afghanistan), necessary security clearance from the Ministry of Home Affairs, the Government of India shall also be attached along with consent.
If the person fails to provide the necessary security Ministry of Home Affairs, the Government of India shall also be attached along with consent form, no application shall be generated of the person applying for Director Identification Number.
Format of Revised DIR-2:-
Form DIR-2
Consent to act as a director of a company
[Pursuant to section 152(5) and rule 8 of Companies (Appointment and Qualification of Directors) Rules, 2014]
To,
THE BOARD OF DIRECTORS
(COMPANY’S NAME)
(COMPANY’S ADDRESS)
SUBJECT: CONSENT TO ACT AS A DIRECTOR
I, ___________________ hereby give my consent to act as a Director of__________________
(COMPANY NAME), pursuant to sub-section (5) of section 152 of the Companies Act, 2013 and certify that I am not disqualified to become a director under the Companies Act, 2013.
| Sr. No. |
Particulars | Details |
| 1 | Director Identification Number | |
| 2 | Name (in full) | |
| 3 | Father’s Name (in full) | |
| 4 | Address | |
| 5 | E-mail id | |
| 6 | Mobile no | |
| 7 | Income-tax PAN | |
| 8 | Occupation | |
| 9 | Date of birth | |
| 10 | Nationality | |
| 11 | No. of companies in which I am already a Director | |
| 12 | Name of company in which I am Whole Time Director, Managing Director, CEO, CFO, Secretary, | |
| 13 | Particulars of membership No. and Certificate of practice |
Declaration:
(i) I declare that I have not been convicted of any offence in connection with the promotion, formation or management of any company or LLP and have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law in the last five years. I further declare that if appointed, my total Directorship in all the companies shall not exceed the prescribed number of companies in which a person can be appointed as a Director.
(ii) I further declare that –
I am not required to obtain the security clearance from the Ministry of Home Affairs, Government of India, before seeking appointment as director.
OR
I am required to obtain the security clearance from the Ministry of Home Affairs, Government of India, before seeking appointment as director and the same has been obtained and attached.
Signature:……………
Name:
Place:
Date:
Enclosed:
1. Proof of identity
2. Proof of residence
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