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ASHISH SHARMA

ASHISH SHARMA (Querist)

28 December 2014 why the partnership firm is not appointed as director.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

28 December 2014 Only Individuals can be appointed as Directors. Only Individuals can apply for DIN.

Refer Section 153 of Companies Act 2013 which is as under:

Section 153. Application for allotment of Director Identification Number:
Every individual intending to be appointed as director of a company shall make an application for allotment of Director Identification Number to the Central Government in such form and manner and along with such fees as may
be prescribed.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

28 December 2014 Also refer section 152(1) of Companies Act 2013. It says--

152. Appointment of directors

(1) Where no provision is made in the articles of a company for the appointment of the first director, the subscribers to the memorandum who are individuals shall be deemed to be the first directors of the company until the directors are duly appointed and in case of a One Person Company an individual being member shall be deemed to be its first director until the director or directors are duly appointed by the member in accordance with the provisions of this section.

So it is crystal clear that only an Individual can become director.