The procedure for appointing a new director in an existing company involves the following steps:
Step 1: Board Meeting
Step 2: Issue Notice of General Meeting
Step 3: General Meeting
Step 4: Intimate Registrar of Companies
The draft documents and forms required for the appointment of a new director in an existing company are as follows:
Please note that the above-mentioned documents are only draft documents, and you may need to customize them based on your company's specific requirements and the provisions of the Companies Act, 2013
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The appointment of a director in an existing company can be done by following these steps:
Check the Articles of Association (AoA) of the company: The AoA of the company contains the rules and regulations for the appointment of a director. Check if there are any specific provisions regarding the appointment of a director and ensure that the candidate fulfils the eligibility criteria.
Obtain Digital Signature Certificate (DSC) and Director Identification Number (DIN): The candidate needs to obtain a DSC and DIN, which are mandatory for appointment as a director in a company. The DSC is used for signing documents electronically, while the DIN is a unique identification number allotted by the Ministry of Corporate Affairs (MCA).
Hold a Board Meeting: The board of directors of the company needs to hold a meeting to approve the appointment of the new director. A notice of the meeting should be sent to all the directors of the company at least seven days before the scheduled date of the meeting.
File Form DIR-12 with the Registrar of Companies (ROC): After the approval of the board of directors, the company needs to file Form DIR-12 with the ROC within 30 days of the appointment of the new director. This form contains details of the new director, such as name, address, DIN, and consent to act as a director.
Update the Register of Directors: The company needs to update its register of directors and key managerial personnel (KMP) with the details of the new director.
Make necessary filings with the stock exchange: If the company is listed on a stock exchange, it needs to make necessary filings with the stock exchange regarding the appointment of the new director.
In summary, the appointment of a director in an existing company requires compliance with the AoA, obtaining DSC and DIN, holding a board meeting, filing Form DIR-12 with the ROC, updating the register of directors, and making necessary filings with the stock exchange (if applicable).