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Company ROC Compliances

Add a Director

Every director other than first directors of a company shall be appointed by Board of Directors as per Section 161 of Companies Act, 2013 or as per in general meeting as per Section 152. If A proposal is made in General Meeting for an appointment of a person as Director, if resolution got failed not passed in that meeting and that person fails to get appointed as a director in a general meeting, then that person can’t appoint as additional director. Designated Partner must have Director Identification Number (DIN) and Digital Signature Certificate to become a director.

An additional director is allowed to appoint only by passing the special resolution with a majority of members in a company. After getting done with all the above formalities, a board of directors is allowed to appoint an additional director.

Required Documents

  • Copy of Board Resolution approving the appointment of Additional Director
  • Letter of Appointment
  • Form DIR-2 (Consent to Act as Director) duly signed by the incoming Director
  • Identity and Residence Proofs of incoming Director
  • DIR-8 and MBP-1 under section 164 and 184 of the Companies Act,2013

Required Documents

  • Copy of Board Resolution approving the appointment of Additional Director
  • Letter of Appointment
  • Form DIR-2 (Consent to Act as Director) duly signed by the incoming Director
  • Identity and Residence Proofs of incoming Director
  • DIR-8 and MBP-1 under section 164 and 184 of the Companies Act,2013

Procedure

  • Call for Board Meeting
  • Pass Resolution for appointment
  • Issue Letter of Appointment
  • DIR-12 is to be filed by the company within 30 days of appointment
  • File MGT-14 for Disclosure of interest in MBP-1

Procedure

  • Call for Board Meeting
  • Pass Resolution for appointment
  • Issue Letter of Appointment
  • DIR-12 is to be filed by the company within 30 days of appointment
  • File MGT-14 for Disclosure of interest in MBP-1

Required Documents

  • Copy of Board Resolution approving the appointment of Additional Director
  • Letter of Appointment
  • Form DIR-2 (Consent to Act as Director) duly signed by the incoming Director
  • Identity and Residence Proofs of incoming Director
  • DIR-8 and MBP-1 under section 164 and 184 of the Companies Act,2013

Required Documents

  • Copy of Board Resolution approving the appointment of Additional Director
  • Letter of Appointment
  • Form DIR-2 (Consent to Act as Director) duly signed by the incoming Director
  • Identity and Residence Proofs of incoming Director
  • DIR-8 and MBP-1 under section 164 and 184 of the Companies Act,2013

Procedure

  • Call for Board Meeting
  • Pass Resolution for appointment
  • Issue Letter of Appointment
  • DIR-12 is to be filed by the company within 30 days of appointment
  • File MGT-14 for Disclosure of interest in MBP-1

Procedure

  • Call for Board Meeting
  • Pass Resolution for appointment
  • Issue Letter of Appointment
  • DIR-12 is to be filed by the company within 30 days of appointment
  • File MGT-14 for Disclosure of interest in MBP-1

Remove a Director

As per Section 169 of the Companies Act, 2013 Shareholders can Remove a Director from the Company before the expiry of his tenure, except appointment by Central Govt. Removal requires the filing of same with MCA. As per section 167 of the Companies Act, 2013 if a Director does not attend a Board Meeting for 12 months even after giving proper notice then he can be removed. The removing director needs to file Form DIR-11 in their personal capacity to inform the Registrar of Companies about his/her removal.

Before removing the director from Limited Company or LLP note that there is no short of the minimum required directors in the Company. The procedure of removal of director and resignation of a director may vary depends on the reason of removal. The right of shareholders to remove a Director in the general meeting through an ordinary resolution is a legal right. This legal right cannot be damaged or taken away by any MOA, AOA or agreement.

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