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Appointment of Director in just 5 Mins.
Appointment of Director in just 5 Mins.
Appointing a director is a simple and easy procedure. It requires simple steps to be followed by the director and by the company proposing to appoint a director. For simplicity and understanding, these steps have been divided into 4 parts. Further, links of sample forms and documents required in this process has been provided with a view to assist you in this process We shall discuss the last two parts in the next article
PART 1: Authorisation in the AOA:-
Board of Directors shall be authorised to appoint additional director by the Articles of Association. In case Board is not empowered, then amend AOA by passing a Special Resolution in general meeting of the company.
PART 2: Duties of Director
A director is required to fill up and upload 3 forms at the MCA portal
If the proposed director does not hold a DIN, he shall first make an application at MCA portal for allotment of DIN by filing form DIR-3. A person cannot hold the office of director unless he has been alloted DIN.
A person who already has a DIN need not file such form.
- Form DIR-2
It represents his consent to act as a director of the company. - Form DIR-8
In this form, director gives his declaration stating that he is not disqualified u/s 164(2) of the Companies act. - Form MBP-1
Section 184(1) mandates every director to disclose his interest in different entities. It shall be submitted by the proposed director to the Board before accepting the appointment. This form is compulsory and should be submitted even if it is NIL.
That's all for the duties of the director.
For duties of company along with draft of resolutions to be passed, view this article.
Completed with the process? Click here for a quick recap and see if you've missed something.
Chiranjibi Chapagain
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