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Every company needs an active and effective body of individuals who are capable of managing the operations and proceedings of the company. The board of directors is composed of the living individuals with wide knowledge in a spectrum of areas and entrusted with the management of the company. The Director of the company is the individual chosen and appointed by the shareholders of the company to administer the affairs of the company according to the MOA and AOA.
The individual proposed for the Director of the company should be older than 21 years and must have a Director Identification Number (DIN) & Digital Signature Certificate (DSC). If the individual is capable but does not have DIN or DSC, then it can be obtained by applying beforehand. The nationality or residential status of the DIN applicant does not matter. Hence, the Director of the company can either be Indian, Non-Resident Indian or a Foreign Resident. The application for addition of Director is to be filed with the Registrar of Companies for approval.
The procedure for adding the directors of the company depends on the type of director being appointed. Jain Divya & Associates can conduct a detailed study about the requirements of the company and can help in notifying the MCA about the addition of a Director to the company. Schedule a consulting session with Jain Divya & Associates to know more about different corporate filings and compliances.
Adding a director to the company involves some important points. Read about the process involved in adding a director to a company in india.
The Articles of Association (AOA) of a firm set forth the rules and regulations guiding its internal operations and management. Consult the AOA for the clause regarding director appointments. Consult the AOA for a provision controlling director appointments. It should be carefully reviewed to ensure that the AOA contains general guidelines for the selection of directors, including any particular requirements or actions that must be followed when appointing a new director.
To propose the nomination of a new director, the board of directors and shareholders need to call a general meeting. The resolution for the new director's appointment should be debated and approved at this meeting.
For a position as a director of an Indian company, a person must have a Director Identification Number (DIN), a unique identification number.The selected director must provide the necessary documentation and information in the format specified by the Ministry of Corporate Affairs (MCA) in order to apply for a DIN.
The proposed director must provide their consent to act as a director of the company. This consent is typically provided by the director through a written document, acknowledging their willingness to take up the position of director within the company.
The company will submit all important documents to the Registrar of Companies in the given allotted time. Form DIR-12 and other pertinent paperwork must normally be filed in this situation to comply with the laws of the nation where the company is registered.This file guarantees compliance to the rules and notifies the ROC of the new director's appointment.
Adding a director to the company involves some important points. Read about the process involved in adding a director to a company in india.
To propose the nomination of a new director, the board of directors and shareholders need to call a general meeting. The resolution for the new director's appointment should be debated and approved at this meeting.
No it's not mandatory to appoint only a shareholder as a company ,any individual who is not having shares can also be appointed as a director.
A company director must be a living individual above 21 years; entities or corporate bodies cannot be appointed as directors.
MG-14,DIR-2, DIR-12 is filed along with ROC for adding a new director in the company.
Upon passing the resolution and obtaining the Director Identification Number (DIN), a new director can be appointed within a day.