DIRECTORS COMPLIANCE

Appointment of Director

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Overview

Appointing directors involves a defined process outlined by the Companies Act, 2013. It's essential to follow these steps accurately to ensure the legality and validity of your appointment. CCA is here to guide you every step of the way, minimizing complexity and maximizing clarity.
Eligibility:

● Age: Individuals above 18 years old can be appointed as directors.

● Nationality: Indian citizens, Overseas Citizens of India (OCI) cardholders, and foreign nationals with approval from the Reserve Bank of India (RBI) can be appointed.

● Disqualifications: Individuals convicted of certain offenses, bankrupt individuals, and individuals disqualified by the MCA cannot be appointed.

Features of Appointing Directors:

● Compliance and Legal Certainty: Ensures adherence to statutory requirements, mitigating potential legal consequences and penalties.

● Effective Corporate Governance: Fosters responsible and transparent decision-making within your company.

● Enhanced Credibility and Trust: Demonstrates good corporate practices, increasing stakeholder confidence and attractiveness for investors.

● Skillset and Expertise: Attracts diverse expertise and perspectives to the board, contributing to improved strategic decision-making.

Detailed Step-wise Procedure:

1. DIN and DSC: The proposed director must obtain a Director Identification Number (DIN) and Digital Signature Certificate (DSC) if they don’t already have them.

2. Shareholding: Ensure the director fulfills the minimum shareholding requirement stipulated by the company’s Articles of Association.

3. Board Resolution: Pass a resolution at a Board Meeting or General Meeting (depending on the requirement) to appoint the director.

4. Form DIR-12: File Form DIR-12 within 30 days of the appointment with the Registrar of Companies (ROC), along with required documents and fees.

5. Acceptance of Appointment: The appointed director must file Form DIR-6 within 30 days of receiving the notice of appointment, accepting the position.

List of Documents Required:

● Director’s PAN card
● Proof of Identity and Address (Aadhaar card, passport, driving license, etc.)
● Declaration of no disqualification
● Consent to act as director (Form DIR-2)
● Board resolution for appointment
● Shareholding proof (if applicable)
● Payment challan for filing fees

How it works

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Ultimate Startup Package

Our Ultimate Startup Package Service Include

Rs.21999/

/Including Govt. Fees

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*Fee is inclusive of Government Fee, Out of Pocket Expenses, Professional Fee and GST.
Ultimate Small Business Package

Our Ultimate Small Business Package Service Include

Rs.23999/

/Including Govt. Fees

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*Fee is inclusive of Government Fee, Out of Pocket Expenses, Professional Fee and GST.
Ultimate Enterprise Package

Our Ultimate Enterprise Package Service Include

Rs.25999/

/Including Govt. Fees

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*Fee is inclusive of Government Fee, Out of Pocket Expenses, Professional Fee and GST.
Common Questions

Most Popular Questions

The process involves obtaining Director Identification Number (DIN), drafting and filing of appointment resolution, updating company records, and filing necessary forms with the Registrar of Companies (RoC).

 

Any individual meeting the eligibility criteria and not disqualified under the Companies Act, 2013, can be appointed as a director in a private limited company.

The individual must be at least 18 years old, mentally sound, not declared bankrupt, not disqualified by a court, and not an undischarged insolvent.

Yes, a foreign national can be appointed as a director in a private limited company, subject to compliance with applicable regulations, obtaining necessary approvals, and fulfilling eligibility criteria.

Documents such as identity proof, address proof, consent  to act as a director, declaration of non-disqualification, and appointment resolution are required for filing with the RoC.

At least three directors are needed, with at least one Indian resident director.

Yes, CCA offers comprehensive support, from obtaining DIN and DSC to board resolution drafting, document filing, and post-appointment formalities.

Yes, an existing director can be reappointed for another term by passing a resolution at the annual general meeting (AGM) or extraordinary general meeting (EGM) of the company.

The newly appointed director must act in the best interests of the company, exercise due diligence, comply with laws and regulations, and contribute to the company's growth and success.

No, the Companies Act, 2013, does not prescribe a maximum limit for the number of directors in a private limited company, but the Articles of Association may specify any such limits.

Can Avenue Advisory assist with the appointment of directors in private limited companies?

Avenue Advisory ensures compliance with appointment procedures by guiding clients through the process, verifying eligibility criteria, preparing accurate documents, and filing necessary forms with the RoC within the prescribed timelines.

 Late filing or non-appointment attracts penalties and potential legal complications.

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