Appoint A Director

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WHAT IS Appointment
of Director?

The appointment of a director is the process of finding a person who will fill the position of director for a company or organization.

WHO IS DIRECTOR?​

A director is an individual who has the responsibility of directing, managing, and controlling the affairs of the company. The objective of the appointment of the director is to determine and implement the policies, once the Company Registration is complete. Director of a company is a natural person elected by the shareholders as per the Memorandum of Association and Articles of Association of the company. The Board of Directors means a group of those individuals elected by the shareholders of a company to manage the affairs of the company.

ELIGIBILITY CRITERIA

  • The person appointed must be eligible as per the relevant clauses in the Articles of Association.
  • The proposed individual must be above the age of 18 i.e. a major.
  • He or she must qualify as per the laws mentioned under the Companies Act, 2013.
  • It must be noted that the Companies Act does not mention any educational qualification in order to be eligible to become a Director.
  • Indian National, Non-Resident Indians, and Foreign Nationals can be appointed as a director in India.
  • The Members of the Board must consent to the appointment of the proposed individual in which he seeks to get appointed as director.

TYPES OF DIRECTOR?

MANAGING DIRECTOR –  who by virtue of AOA of a company or an agreement with the company or a resolution passed in its general meeting, or by its BoD, is given substantial powers of management of affairs of the Company.

EXECUTIVE DIRECTOR – who is in full-time employment of the company. This is the reason that the executive directors are mainly engaged in the core management of the company and managing affairs of the company.

ALTERNATE DIRECTOR – is someone appointed for a person who is a Non-Resident Indian or Foreign Collaborators of a company by the Board of Directors to act for the original director during his absence for a period of more than three months.

ORDINARY DIRECTOR – is the Director who attends the Board Meetings of the Company and participates in the matters put across the Board of Directors. They are neither whole-time Directors nor Managing Directors for the company.

WHO APPOINTS DIRECTOR

The alternate directors are appointed for a person who is non-resident indian or for the foreign collaborators of a company. Most commonly, directors are appointed by the shareholders at the annual general meeting (agm), or in extreme circumstances, at an extraordinary general meeting (egm).

MINIMUM NUMBER OF DIRECTOR AS PER COMPANY TYPE:

  • One Person Company – 1
  • Private Limited Company – 2
  • Public Limited Company – 3

REASONS OF APPOINTING AN ADDITIONAL DIRECTOR IN A COMPANY

  • When there is sudden death or plans of retirement / resignantion or other personal reasons, if the existing Directors are unable to work for a long time, in such cases appointing an additional director is necessary to meet the statutory limit of the company.
  • For the growth of business, it is necessary to hire new talent in the management of the company.
  • In case where there is new product line or department added in the company, then to lead the team, appointing an expert as a director is necessary.
  • When the specified statutory number of directors reduces, then it is mandatory for a company to appoint a new director.
  • To help the shareholders assign more operational responsibilities without losing any strategic control.

DOCUMENTS REQUIRED FOR DIRECTOR APPOINTMENT FORM

  • Self-attested copy of PAN
  • Self-attested copy of identity and address proof such as passport or Aadhar card or Election card
  • Consent to act as director in format of DIR-2
  • Copy of resolution passed by the shareholders
  • Notice for shareholders meeting
  • PAN card: Mandatory for an Indian Applicant
  • Passport: Mandatory for a foreign Applicant

PROCESS TO APPOINT A DIRECTOR

Upload the Necessary Documents on our web portal.

Consult our business advisor regarding the director category of director appointment.

Our professional will verify the validity of documents & Information provided.

On Confirmation, make an online payment with different payment modes available.

Our professional shall submit the application along with other relevant documents.

On successful verification, the director appointment is completed.

INBOX NOW COMPLETE LIST OF DOCUMENT REQUIRED

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Frequently Asked Questions

READ ALL FREQUENTLY ASKED QUESTIONS

Q. What is appointment of Director?

The appointment of a director is the process of finding a person who will fill the position of director for a company or organization.

 

Q. Who is Director?

A director is an individual who has the responsibility of directing, managing, and controlling the affairs of the company.

 

Q. What are the requirements for nbecoming a Director of a company?

The 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.

 

Q. Are NRI’s / Foreign Nationals can be appointed as a director in an Indian Company?

Yes, an NRI or a foreign national can be appointed as a director in an Indian Company after obtaining the DIN. However, in the board of the director, there must be atleast one director who is Indian resident.

 

Q. What is the minimum number of Directors required for a company?

A Private Limited Company must have a minimum of two Directors at all the times. Where a One Person Company requires to have a minimum of one Director at all the times. On the other hand, a Public Limited Company must have a minimum of three Directors at all the times.

 

Q. What are the documents required for obtaining DIN?

A Digital Signature, Signed Affidavit from the proposed Director and information about the identity and address of the Director is required.

 

Q. What is the procedure for removing a Director from a company?

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.

 

Q. Will you provide this service in my town?

Yes Incorpadvisor is an online platform serving all over India no matters wherever you are doing business all you need is internet connection on your mobile or desktop and we are ready to get your job done.

 

Q. Do I need to physically present for the process?

No, You don’t need to be physically present for the process, Incorpadvisor is an online catering platform all you need is an internet connection in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India

Still have questions?

I you can’t find answers to your questions in our FAQ section, you can always contact us. We will get back to you shortly.

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