Appointment of director

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

28 May 2016 I want to appoint a director in a private limited company please some one revert me with whole procedures in this regard what form are required to be file with ROC and also send format of resolution as per companies act 2013

Jatin Bajaj

Jatin Bajaj (Expert)
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30 May 2016 Ensure Articles of Company shall authorize board to appoint Director.
Before Appoint ensure that Such Director shall have DIN
Such a Director shall not suffer from any of the Disqualification as per section 164, and such director shall file Form DIR 8 stating that he is not disqualified as per Companies Act
Obtain consent and declaration of Directors in form DIR 2 & MBP 1 respectively
Hold Board Meeting and pass resolution for appointment of Director
File Form DIR 12 with ROC within 30 days of appointment along with following attachments
Letter of appointment of Director and consent to act as the Director

Querist : Anonymous

Querist : Anonymous (Querist)

30 May 2016 Dear Sir, If I am not wrong as per sec 152 (2), appointment of director can be made in General meeting only.
So resolution for appointment should be pass in general meeting.

Querist : Anonymous

Querist : Anonymous (Querist)

30 May 2016 is EGM is required to conduct for appointment of director ?

Jatin Bajaj

Jatin Bajaj (Expert)
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30 May 2016 Before appointment of Director in General Meeting, you have to appoint him as the Additional Director and then regularize him in the upcoming AGM. No need of EGM

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Querist : Anonymous

Querist : Anonymous (Querist)

30 May 2016 is there any reason behind it, i mean if we appoint director in EGM then there will not be need his regularization, so can i make his appointment in EGM instead of Board meeting

Jatin Bajaj

Jatin Bajaj (Expert)
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30 May 2016 YES, YOU CAN APPOINT DIRECTOR IN EGM AND CAN DIRECTLY APPOINT DIRECTOR. NO NEED TO APPOINT THEN ADDITIONAL DIRECTOR. IT IS NOT MANDATORY TO APPOINT ADDITIONAL DIRECTOR. BUT CHECK YOUR ARTICLES OF ASSOCIATION ALSO

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Querist : Anonymous

Querist : Anonymous (Querist)

30 May 2016 is DIR 12 again required to file after regularization of additional director in AGM as Director

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