Subject to the Articles of Association, the Board of Directors of the Company may appoint new directors in the Company. If the company adopts Table F of Schedule I of the Companies Act, 2013, the article for appointment of directors will be

(i) Subject to the provisions of section 149, the Board shall have power at any time, and from time to time, to appoint a person as an additional director, provided the number of the directors and additional directors together shall not at any time exceed the maximum strength fixed for the Board by the articles.

(ii) Such person shall hold office only up to the date of the next annual general meeting of the company but shall be eligible for appointment by the company as a director at that meeting subject to the provisions of the Act.

Therefore, a new director of a company can be appointed as an Additional Director and on the next annual general meeting he can be appointed as a regular director if the company thinks so.

Law Governing the Director Appointment:

Section 170(2) of the Companies Act, 2013 & Rule 18 of the Companies (Registration offices and fees) Rules, 2014: A return containing such particulars and documents as may be prescribed, of the directors and the key managerial personnel shall be filed with the Registrar within thirty days from the appointment of every director and key managerial personnel, as the case may be, and within thirty days of any change taking place.

A person shall not be eligible for appointment as a director of a company, if:

• (a) he is of unsound mind and stands so declared by a competent court;

• (b) he is an undischarged insolvent;

• (c) he has applied to be adjudicated as an insolvent and his application is pending;

• (d) he has been convicted by a court of any offence, whether involving moral turpitude or otherwise, and sentenced in respect thereof to imprisonment for not less than six months and a period of five years has not elapsed from the date of expiry of the sentence: Provided that if a person has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be appointed as a director in any company;

• (e) an order disqualifying him for appointment as a director has been passed by a court or Tribunal and the order is in force;

• (f) he has not paid any calls in respect of any shares of the company held by him, whether alone or jointly with others, and six months have elapsed from the last day fixed for the payment of the call;

• (g) he has been convicted of the offence dealing with related party transactions under section 188 at any time during the last preceding five years; or

• (h) he has not been allotted a Director Identification Number;

• (i) his DIN has been deactivated due to non-filing of annual returns and reports of any other company in which he is a director;

As per Section, 165 of the Companies Act, 2013, no person, after the commencement of this Act, shall hold office as a director, including any alternate directorship, in more than twenty companies at the same time: Provided that the maximum number of public companies in which a person can be appointed as a director shall not exceed ten. Explanation: For reckoning the limit of public companies in which a person can be appointed as director, directorship in private companies that are either holding or subsidiary company of a public company shall be included.

The following documents are required for appointment of a director.

• PAN

• Id Proof such as Aadhar/Voter Id/Passport/Driver's License

• Address Proof such as Latest Savings Bank Statement or Telephone Bill or Mobile Bill

• Valid Mobile Number

• Valid email id

• DIN Number

• Board Resolution

• Consent letter in Form DIR-2

• Letter of Appoitment

• 1

  Preparation of Documents

  Through CompaniesHouse - One Hour Job

  you need to provide the documents such as PAN, Id proof such as Aadhar or Voter Id or Passport or Driver's License, Address Proof such as Latest Savings Bank Statement or Telephone Bill or Mobile Bill, valid mobile number and valid email id. We will help in preparing letter of appointment, director consent letter in Form DIR-2 and Board Resolution.

• 2

  Filing eForm DIR-12

  Through MCA web portal - 30 Minutes Job

  Once the documents are ready, we will prapre the eForm DIR-12 filling all the details along with above documents as an attachments and append his/her DSC along with a Company Secretary DSC and uplod the same with MCA web portal.

• 3

  MCA Approval Letter

  Through MCA Portal - Instant Job

  Once we upload eForm DIR-12, the MCA will approve it through STP mode.

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