Directors are the persons entrusted to manage the business on behalf of the shareholders. Appointment of directors with designations such as Managing Director, Additional Director, Alternate Director, Executive and non- executive director are required for the company based on the applicable laws and according to the requirements of the shareholders.
Process for adding director
- The person proposing to become a director must obtain a digital signature certificate and Director Identification Number.
- Once the DIN is allotted to the proposed director, get the Consent letter from the director in Form DIR-2.
- Hold a board meeting and pass the resolution for appointment of director
- File Form DIR-12 with the Registrar of Companies.
- Form DIR-2 – Consent of Director
- Copy of Board Resolution or Shareholders’ Resolution
- Form MBP-1
- Form DIR-8
- Letter of Appointment
Resignation of Director / Removal of Directors
Directors are the persons entrusted to manage the business on behalf of the shareholders. If any Director has, due to personal or other reasons, resigned from the Board, it is the duty of the company to intimate the resignation of director. On the other hand, sometimes it becomes necessary for the shareholders to remove somebody from the Board of Directors under certain circumstances.
The procedure for resignation of director and removal of Director by the Shareholders are different.
Process of Resignation
- Obtaining resignation letter from the Director
- Holding Board Meeting for considering the resignation
- Filing Resignation Letter with ROC in e-form DIR-12 within 30 days of his/her resignation
- The Resigned Director to file e-form DIR-11 with ROC
- Resignation Letter from the Director
- Acceptance Letter by the Board
- Copy of Board Resolution
Process for removing director
- A special notice by the members to be passed.
- On receipt of special notice, the Company shall issue general meeting notice to the shareholders and to the concerned director along with the copy of resolution to be passed in connection with the removal.
- Hold general meeting and pass a special resolution, after giving the director an opportunity of being heard.
- File e-form MGT-14 and e-form DIR-12 with the ROC.
- Special Notice served to the Company
Copy of special resolution passed in general meeting