Add or Remove Directors Easily

The process involves: 1) Obtain DIN for appointee if not already available, 2) Get DIR-2 consent to act as director, 3) Prepare MBP-1 disclosure of interest, 4) Convene Board Meeting with 7 days notice (or consent for shorter), 5) Pass Board Resolution approving appointment, 6) File DIR-12 within 30 days of appointment with consent letter, resolution, and identity proofs attached, 7) Update Director Register and bank signatories.

An Additional Director is appointed by the Board between AGMs under Articles of Association and holds office only until the next AGM, when they must be confirmed by shareholders or retire. A Regular Director is appointed by shareholders at an AGM or EGM through an ordinary resolution for a full term of up to 5 years. Additional Director appointment is faster but requires subsequent shareholder approval.

A director can resign by: 1) Giving written notice to the company with effective date, 2) Forwarding copy of resignation to ROC in DIR-11 within 30 days, 3) Board acknowledges resignation and takes note, 4) Company files DIR-12 within 30 days of resignation, 5) Director ceases to hold office from effective date mentioned. Resignation cannot be withdrawn once effective. The company must have minimum required directors after resignation.

Yes, under Section 169 of Companies Act, shareholders can remove a director (except appointed by Tribunal or proportional representation) by: 1) Giving special notice to company of resolution for removal, 2) Director must be given opportunity to be heard at meeting, 3) Passing ordinary resolution at EGM, 4) Filing DIR-12 within 30 days. The director can make representation in writing which must be circulated to members.

To be eligible as director: 1) Must be 18+ years of age, 2) Must have valid DIN (Director Identification Number), 3) Must give consent in DIR-2, 4) Must not be disqualified under Section 164 (unsound mind, undischarged insolvent, convicted of offence), 5) Must not hold directorship in more than 20 companies (10 for public companies), 6) Must not have failed to file DIR-3 KYC. Residency: At least 1 director must have stayed in India for 182+ days in previous year.

DIR-12 is the form for filing changes in directors with MCA. It must be filed within 30 days of: 1) Appointment of a new director, 2) Resignation of a director, 3) Change in designation of director, 4) Removal of director, 5) Death of director, 6) Change in director details (name, address). Late filing attracts additional fee of ₹100 per day. The form requires attachments like consent letter, resolution, and identity proofs.

Yes, but there are limits: 1) Maximum 20 directorships across all companies (including alternate directorships), 2) Maximum 10 in public companies, 3) This includes directorship in foreign companies, corporate bodies, and LLPs. A person cannot be director in competing companies if there's conflict of interest unless disclosed and approved. They must also ensure they can fulfill duties to all companies they serve.

Required documents: 1) DIR-2 (Consent to act as director), 2) MBP-1 (Disclosure of interest in other entities), 3) PAN Card of appointee, 4) Aadhaar/Identity Proof, 5) Address Proof (utility bill/bank statement), 6) Passport Photo, 7) Board Resolution, 8) Proof of DIN and KYC status. For foreign nationals: Passport, overseas address proof, and declaration of eligibility are required.

Minimum director requirements: Private Limited Company - 2 directors, One Person Company - 1 director, Public Limited Company - 3 directors, Section 8 Company - 2 directors (if private) or 3 (if public). At least 1 director must have stayed in India for 182+ days in the previous calendar year (Resident Director requirement). These minimums must be maintained at all times - plan removals accordingly.

If the appointee doesn't have a DIN, they must first obtain one before appointment: 1) Apply for DIN through DIR-3 form (for proposed directors) or SPICe+ (for new companies), 2) Submit identity and address proofs, 3) Self-attest documents and get them attested by professional (CA/CS/CMA), 4) MCA verifies and allots DIN, 5) File DIR-3 KYC annually. We can assist with complete DIN application process which takes 1-2 working days.