Ankur Sir pls reply...in need of ur advice.

Very good suggetions Imthiyaz..

Instead of quoting diffrent sections, we can also simply write` I have not been disqualified to act as such under any provisions of the Companies Act, 1956 , or any other law for the time being in force"     

That makes lot of sense charu...thanks but i would feel more confident if some experts would reply on this.

Hi,

There is no need to add section 203 and 388E at all, as the same is completely irrelevant in the given context.

Thanx

Thanks a lot sir..:)

Thanks for the trust. However would advice you to wait for other opinions.

Also try to connect section 203 and 388E with the basic need of consent letter and section 267 and 274. Am quite sure that you'll be able to figure out the reason yourself.

Regards

In my opinion better to go with the wording as suggested by Charu.

Regards

Originally posted by : Ankur Garg
	Thanks for the trust. However would advice you to wait for other opinions.   Also try to connect section 203 and 388E with the basic need of consent letter and section 267 and 274. Am quite sure that you'll be able to figure out the reason yourself.   Regards

Sir Trust just doesnt come like that, it has to be earned..i feel u ve earned it.So i asked this question to u only..Thanx for ur logical advice will check it up.

Dear Imthiyaz

In Companies Act, there is no specific format for the consent of the director. After start MCA filing, the E-Form-32 (Insstruction Kit) give a suggestive format for the consent of director and follow this pattern.

As regarding DIN, the same is already filled in Form-32 which provide all details of the appointee.

you can follow a good corporate practice to demand proposed appointee (Directo) following documents:

1. Consent to act as director

2. Copy of DIN issued by DIN Cell

3. Copy of PAN card

4. Copy of Address proff

5. A detailed profile of proposed director

6. Educational Certificate

Regards

CS Ajay Mishra

Revised Form 32 required to be filed by the company bearing the DSC of the Director of the company certifies the fact that the new appointee director has given a declaration to the company to the effect that he is not disqualified from being appointed the director of the company under sections 203, 274 and 388E of the Companies Act, 1956 and a declaration that he is not proclaimed an offender by any Economic Offence Court or JMC or HC or any other Court.

Hence declaration from the new director appointee to the effect  that he is not disqualified under section 203, 274 and 388E, 267 and a non-offender by EOC or JMC or HC as aforesaid  is to be obtained from the new director appointee.

The above declaration is to be obtained in addition to the consent  from the new director appointee.

Thanx Experts i really aprreciate u all for sharing ur knowledge..

Originally posted by : Ankur Garg
	Thanks for the trust. However would advice you to wait for other opinions.   Also try to connect section 203 and 388E with the basic need of consent letter and section 267 and 274. Am quite sure that you'll be able to figure out the reason yourself.   Regards

 Hello sir,

                   with the reference to the consent letter of  a director for appointment, sec 203 needed not be specificially stated as disqualification, as it has been already has been includeda under 274. need your advice regarding it sir 

DISQUALIFICATIONS OF DIRECTORS.

(1) A person shall not be capable of being appointed director of a company, if -

(a) he has been found to be of unsound mind by a Court of competent jurisdiction and the finding is in force ;

(b) he is an undischarged insolvent ;

(c) he has applied to be adjudicated as an insolvent and his application is pending ;

(d) he has been convicted by a Court of any offence involving moral turpitude and sentenced in respect thereof to

imprisonment for not less than six months, and a period of five years has not elapsed from the date of expiry of the

sentence ;

(e) he has not paid any call in respect of shares of the company held by him, whether alone or jointly with others, and

six months have elapsed from the last day fixed for the payment of the call;

(f) an order disqualifying him for appointment as director has been passed by a Court in pursuance of section 203 and

is in force, unless the leave of the Court has been obtained for his appointment in pursuance of that section ; or

1[(g) such person is already a director of a public company which, -

(A) has not filed the annual accounts and annual returns for any continuous three financial years commencing on and

after the first day of April, 1999 ; or

(B) has failed to repay its deposit or interest thereon on due date or redeem its debentures on due date or pay

dividend and such failure continues for one year or more :

Provided that such person shall not be eligible to be appointed as a director of any other public company for a period

of five years from the date on which