Add A Director

AGRAWAL KANHERE ASSOCIATES

Add A Director

All you need to know

Who is Director in a Company?

  • Director is an individual who directs, manages, oversees or controls the affairs of the Company.
  • He is a person appointed to the Board of a company to perform the duties and functions of a company in accordance with the provisions of The Company Act, 2013.
  • 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.

Necessity / Reasons of appointing an additional Director in a company:

The following are the circumstances in which Addition / Appointment of a Director would be necessary:

  • 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.

Eligibility criteria for a person to be appointed as director in a company:

  • 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.
  • The Members of the Board must consent to the appointment of the proposed individual in which he seeks to get appointed as director.
  • 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.

Why caagrawalkanhere as your service provider for Appointing a director in a company in India?

caagrawalkanhere is a group of intellectuals. The entire team of caagrawalkanhere consists of Highly qualified CA, CS, Lawyers and business administrators. caagrawalkanhere would be a one stop destination for Appointing a Director for your company. Appointment of Director is easy, seamless, cheapest and quickest with caagrawalkanhere.com! Apart from a Director Appointment, caagrawalkanhere.com also helps entrepreneurs with Private Limited Company Registration, Public Limited Company Registration, LLP Registration, HUF, One Person Company and all other compliance easily. You may get in touch with our compliance manager on 0755 276 1432 or email info@caagrawalkanhere.com for free query.

Types of Directors

An Easy understanding

Managing Director

Managing Director is a 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

The Executive Director is the 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.

Additional Director

The Directors in all the existing companies are first registered as additional directors. This appointment of Additional Director is done by the Board of Directors. They can hold a meeting up to the next general meeting.

Alternate Director

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

The 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.

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Documents required for appointing / adding a director in a company

  • 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

How to Appoint a Director / Procedure of appointing / adding a director in a company

5 Easy Steps

1

DSC Application

2

DIN Application

3

Sign Consent Letter

4

File DIR 12 Form

5

Appointment is done

Board Resolution

CA Agrawal Kanhere team of experts will help you complete all the documentation needed for a director appointment. Once you fill in a simple checklist then We will draft and prepare all the relevant board resolutions needed for the purpose.

DSC & DIN

We will apply for your DSC & DIN. DIN is Director identification number, which is a mandatory requirement for director appointment. Once the same is allotted to you, we will obtain the consent letter in the prescribed format.

DIR 12 Filing

Once we complete the documentation for the appointment of the director with DIN, DSC, and Consent letter, we will file DIR 12 form with Ministry. Once filed successfully, we will share acknowledgment with you over your registered email ID.

FAQs On Add A Director

Get answers to all your queries

In a private limited company the minimum number of shareholders is 2. If the total number of directors is less than the number prescribed, the company shall appoint a director(s) in the company to fulfill the requirement within 6 months from removal/resignation/death of the concerned director.
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.
No, a body corporate can not be appointed as a Director. Only an individual (natural person) can be appointed as a director in a 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.
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.
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