A director is an individual elected by the company’s shareholders to oversee and manage its affairs in accordance with the Memorandum of Association (MOA) and Articles of Association (AOA). To qualify as a director, the person must possess a Digital Signature Certificate (DSC) and a Director Identification Number (DIN).
Any individual who is at least 21 years old can become a director of a company. The Articles of Association (AOA) of the company should include provisions for the addition of directors. The Companies Act, 2013, outlines the prescribed procedure that a company must follow to appoint a new director. For a private company, a minimum of two directors must be present at all times, while the maximum number of directors allowed is fifteen.
Step 1: If the proposed director does not have a Digital Signature Certificate (DSC), they should obtain one.
Step 2: If the proposed director does not have an active Director Identification Number (DIN), they should apply for DIN using Form DIR-3.
Step 3: Conduct a general meeting in the company to pass a resolution for appointing the new director.
Step 4: The proposed director should provide consent to the company for their appointment as a director using Form DIR-2. Once the company receives the DIR-2 from the proposed director, the appointment becomes official.
Step 5: Upon the director’s appointment, the company should issue an appointment letter to the director.
Step 6: After the appointment letter is issued, the company must file the necessary forms with the Registrar of Companies (ROC) regarding the appointment within 30 days.
