A Director of a Company must be above the age of 18 and must have a Director Identification Number. The person can be an Indian National or a Foreign National. The Director of a Company has to be a natural person.
Changing Director or Designated Partner
Directors are appointed by the shareholders of a Company for the management of a Company. As per new company Act 2013, a Private Limited Company is required to have a minimum of two Directors and a Limited Company is required to have a minimum of three Directors. On the other hand, a Limited Liability Partnership (LLP) has Designated Partners and Limited Liability Partnership Act, 2008 requires each LLP to have a minimum of two Designated Partners.
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Appointment or removal of a Director or Designated Partners maybe required due to various reasons.To add a Director or Designated Partner, Digital Signature must first be obtained for the proposed Director. Once, Digital Signature is obtained, the proposed Director can be added into the Company with the consent of the shareholders. To remove a Director from a Company or LLP, it is important to ensure the Company or a LLP would have the minimum required number of Director or Designated Partner after removal of the Director. If so, then the resignation letter along with the required form must be filed to effect the resignation of the Director.
As per new company Act 2013- Board of Directors can appoint Additional Directors by filing Form DIR-12
DOCUMENTS REQUIRED FOR APPOINTMENT OF DIRECTORS BY BOARD
- Signed DIR-2
- Appointment Letter of Director
- Rs. 100000 for becoming a Director (to be refunded to director after he is regularized)
- Notice for Appointment
- MBP-1 as declaration for Interest in other Entities
- Copy of PAN and Address Proof to be submitted to board.
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Rajput Jain & Associates can help you file the necessary filings to add or remove a Director from your Company or add or remove a Designated Partner from you LLP.
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Frequently Ask Questions(FAQs)
A Private Limited Company must have a minimum of two Directors at all times. A Limited Company must have a minimum of three Directors at all times.
Change Directors Process
A Company is allowed to have a maximum of 15 Directors
A Digital Signature, Signed Affidavit from the proposed Director and information about the identity and address of the Director is required.
A Company can remove a Director by passing an ordinary resolution in an Annual General Meeting or an Extraordinary General Meeting. Ordinary resolutions can be passed by a simple majority. Once a resolution is passed, the Company must file the Resolution along with the necessary forms to the Ministry of Corporate Affairs to remove a Director.
A new Director can be added to the Board of Director by passing an ordinary resolution in an Annual General Meeting or an Extraordinary General Meeting. Ordinary resolutions can be passed by a simple majority. Once a resolution is passed, the Company must file the Resolution along with the necessary forms and the Digital Signature of the Managing Director or Secretary of the Company, to the Ministry of Corporate Affairs to appoint a Director.
Highlights of Changing Directors