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Appointment of Director in the Company With Firm Registration

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Introduction

Welcome to Tax and Services, your dedicated platform for legal insights, resources, and support tailored to meet the unique needs of businesses and professionals. In today’s dynamic business environment, one of the critical milestones is the appointment of a director, a process that involves legal intricacies and strategic considerations.

At Tax and Services, we recognize the significance of director appointments in shaping the trajectory of a company. Our platform is designed to provide you with the legal expertise and resources necessary to navigate this crucial aspect of corporate governance seamlessly.

Minimum Number of Director

In case of Private Limited Company - Minimum Two Directors and Maximum Fifteen

In case of Public Company - Minimum Three Directors and Maximum Fifteen

In case of One Person Company - Minimum One Director

What is the Need to Hire a New Director

Broadening the base of Director's

For operational and managerial responsibility without the dilution of ownership

Broadening the base of Director's

For operational and managerial responsibility without the dilution of ownership

Minimum Requirements for Appointment of a Director

Documents Required

Passport size photograph of the Director whose appointment is required to be made

Pan Card of the Director to be appointed

Proof of residence and Identity (Aadhar Card, Voter ID, Passport, Driving License)

Proof of Permanent Address which can be a Utility Bill (not older than 2 months), Copy of Bank Passbook/Bank Statement

Process of Change in the Director of the Company

1. Complete the Application Form

You are requested to first fill the simple questionnaire provided by our expert team which will enable us to know the case of change in the Director of the Company.

2. Document Processing

At the second step you will be required to produce the documents in accordance with the questionnaire filled based upon which case will be dealt so that we can arrange them as per the requirement and for further processing.

3. Drafting of Board Resolution and Filing the same with ROC

After arranging the documents we will begin with the drafting of Board Resolution (if not passed ) for change in the Board of Directors along with the requisite documents and the same shall be filled.

4. Approval from the Ministry of Corporate Affairs

Lastly, after the approval of an e-form is received from the ROC which will be provided through e-mail which signifies that the respective changes have been to the Board of Directors of the Company.

More Insights on appointment of Director

1. Appointment of Additional Director

The additional director is appointed U/s 161(1) of the Companies Act, 2013. The board of directors can appoint additional directors, by conducting a Board Meeting if authorised under Articles of the Company. An additional director can hold office only upto the date of next annual and should be regularized in AGM.

2. Appointment of Alternate Director

The alternate director is appointed U/s 161(2) in case the earlier appointed director is absent for a period of minimum 3 months from India. He shall hold the office until the tenure of original director and shall vacate if original director returns to India. Alternate director can be appointed by the board if authorized by the Articles.

3. Appointment of Directors in case of casual vacancy

If any vacancy has been caused due to death of any director or resignation of any director, the Board of Directors can appoint a new director to fill such vacancy. The directors under casual vacancy are governed by Section 161(4) of the Act.

4. Appointment of Women Director

Every listed company and public companies having paid up capital of Rs. 100 crores or turnover of Rs. 300 crore or more are required to mandatorily appoint at least one Woman Director in the Company.

5. Appointment of Independent Director

Every listed company shall have at least 1/3 of the total number of Board of Directors as Independent Directors and every public company to have minimum 2 independent directors who fulfill any of the criteria . Paid up share capital of Rs. 10 crores or more . Turnover of Rs. 100 crores or more . Aggregate outstanding loans, debentures, and deposits, exceeding Rs. 50 crores

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