A ‘Director’ is an individual who is appointed or elected to be the member of the Board of Directors, who through such Board directs, controls and manages the affairs of the company. A director along with other directors has the responsibility to determine and implement the policies for the company. Directors are said to be the brain of the company. They are the managerial personnel who control and administer the company’s operations
The authority to approve the resignation of the director lies with the members of BOD whereas the appointment is made always through the consent of the shareholders. The company is required to intimate any change in constitution of the BOD to ROC
Generally, in a public company or a private company subsidiary of a public company, two-thirds of the total numbers of Directors are appointed by the shareholders and the remaining one-third’s appointment is made as per Articles and failing which, shareholders shall appoint the remaining one-third. In a private company, which is not a subsidiary of a public company, the Articles can prescribe the manner of appointment of any or all the Directors. In case the Articles are silent, the Directors must be appointed by the shareholders
The Companies Act also permits the Articles to provide for the appointment of two-thirds of the Directors according to the principle of proportional representation, if so adopted by the company in question
Self attested copy of PAN Card of proposed director
ID proof of proposed director- Driving License/Passport/Voter ID card
Address Proof of proposed director- Bank Statement/Electricity Bill/Telephone Bill
DIN of director, if available
DSC of proposed director
Incorporation Certificate/MOA/AOA of company
Email ID and mobile no. of director
Passport size photograph of proposed director in JPEG format (Max 100 Kb)
Resolution passed by the company for appointment
DIR-2 as consent to act as a director of the company
DIR-8 as intimation by director about his interest in other entities and disqualification u/s 164 of the Companies Act, 2013
DIN (in case of a new director)
DSC (in case not available with you)
Consent of director
Submission of e-forms with ROC
There are no restrictions in the Companies Act on appointment of a foreign national/NRI from being appointed as director in a company
Different types of directors in a company are as follows:-
Any individual can be appointed as a director of a company subject to his attaining the age of 18 years and being qualified as per the Companies Act, 2013. Following persons are not considered as qualified for appointment as director:-
Yes, a person can be appointed as a director in more than one company at a time. The companies Act allow a person to be director in 15 companies at the same time. For the purpose of establishing the maximum number of companies, the following companies are excluded:-
Yes, a person who is director in a company can simultaneously become designated partner in a LLP
It has been made compulsory for certain classes of the company to appoint women as director. U/s 139 of the Companies Act, the woman strength in the BOD of a company should not be less than 1/3rd in the case of following categories of companies:-
Only an individual can act as a director in the company. Hence, if any LLP or Company is willing to be added as a director in the company, only its representative may act as the director
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