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Your company needs a new director. Here’s why!

  • To get new talent onboard
  • Helps shareholders assign more operational responsibilities without losing any strategic control
  • Solution for the inefficiency of one or more directors
  • To meet the statutory limit of directors

The following are some reasons why you might want to remove a director:

  • Absence from board meetings for over 12 months
  • Disqualification by an order of a court or tribunal
  • Conviction by the court and imprisonment for 6+ months
  • Violation of the Companies Act

Director change made easy!

Here’s everything you need to know:

  • Passport
  • Identification proof (PAN card)
  • Proof of residence (electricity bill, rental agreement, Aadhar Card, Voter ID, passport, driving licence)
  • Passport size photograph
  • Digital signature certificate of the proposed director

Step 1: Check the requirements

To add a new director, see if the company's AOA permits it. If the company's AoA does not contain any such clauses, it should be changed to permit the appointment of an additional company director.

Step 2: Seek consent via Form DIR-2

The proposed director must sign Form DIR-2 indicating their agreement to serve as the director.

Step 3: Passing a board resolution

The company must pass a board resolution to appoint a particular person as a director of the company.

Step 4: Identification and Certification

Obtain the new director's DIN (director identification number) and DSC (digital signature certificate).

Step 5: Prepare the forms

Get Forms DIR-2, DIR-12, and Form DIR-8 completed at ROC after gathering the essential paperwork and information needed for the procedure.

In case of removal of a director…

Step 1: Organise a meeting

A board meeting must be held within seven days of the issue date, and notice of the meeting must be given to all shareholders.

Step 2: Passing a resolution

A resolution is adopted calling for a general meeting at which the director will be removed, with the consent of the shareholders.

Step 3: Second general meeting

Following a 21-day notice, the second shareholder meeting is held to vote on the earlier resolution, and the director being removed is given the opportunity to speak about their removal.

Step 4: File forms and final resolutions

The shareholders must submit Form DIR-12, along with the attachments of the board resolution and an ordinary resolution.

Step 5: Removal from the MCA database

Upon completion of all procedures, the name of the concerned director is removed from the Ministry of Corporate Affairs (MCA) database and website.

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