From getting a DIN for the new director, drafting the resolution, to filing Form DIR-12, we take care of everything!
Appointing a director to a company can be a multifaceted process. It's crucial to adhere to the proper steps to validate the appointment and ensure legal compliance. The specific procedure for appointing a director may differ based on the company's type and the jurisdiction of its incorporation. Nonetheless, there are common steps shared across most appointments.
The director is a member of the board responsible for collectively overseeing the company's operations. The board of directors typically makes crucial decisions for the company. Directors can hold different roles such as executive, non-executive, or independent. Any individual seeking to add a director to a company must obtain approval from the company's shareholders. According to the Companies Act of 1956, the Articles of Association serve as the authoritative source from which the board of directors derives the authority to appoint new directors or remove existing ones.
There are different types of directors in company, each with specific roles and responsibilities. The most common types of directors are:
Executive directors |
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Executive directors are involved in the day-to-day management of the company. They may have specific titles, such as CEO, CFO, or COO. | ||
Non-executive directors |
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Non-executive directors are not involved in the day-to-day management of the company. They provide independent oversight of the company's board of directors and management. | ||
Independent directors |
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Independent directors are non-executive directors with no financial or other interest in the company other than their directorship. They are responsible for protecting the interests of the company's shareholders. |
The process of adding a director is more complicated than one might think it to be.
Step 1: Check if the articles (AOA) of the company supports adding an additional director. If there are no such provisions in the AoA of the company, then modify the AoA of the company in a way that allows adding an additional company director.
Step 2: The proposed director must give his or her consent to act as the director via director appointment form
Step 3: Step 3: The company must pass a board resolution for appointment of directors in company law
Step 4: Get DSC (Digital Signature Registration) and DIN (director identification number) for the new director.
Step 5: Collect the basic documents and information required for the process and get Form DIR-2, Form DIR-12 and Form DIR-8 at ROC done.
This is a simplified version of the process. Credfy.in will take care of mostly everything in these steps for you. After this basic process is over, there are a few more formalities that need to be completed after this process and our team will explain those to you.
Here is why you should choose Vakilsearch for adding a director to your company: