Appointment of director

Well legally it is not valid, because to be a director it is mandatory to obtain DIN. So the date of appointment will be with effect from date of obtaining DIN.

Anyway check out for other expert opinions too..

I dont think this would be legal.

Section 253 of the Companies Act says: No company shall appoint or re-appoint any individual as director of the company unless he has been allotted a Director Identification Number.

Every individual, intending to be appointed as director of a company shall make an application for allotment of Director Identification Number (DIN). Therefore, any proposed director of a company must ensure that he/she is having DIN and if not having DIN, it should be first obtained.

Agreed with Mr Sumit Jaiswal, Perfect answer

Yes , it is legal , in my openion , DIN Can be obtained within 30 days from the date of appointment,

Thanks

Dear Nayan Gupta

It is totally legal You can go for the appointment of director. You have obtained din within 30 days as it is statuory. One another thing is that you can appoint the director before 30th July by paying additional fees with form 32. 

Companies Act says that No director can be appoint without first obtaining din but it also allow to appoint director from previous period. so there is no questioning regarding illegal. Legal wording

"NO WHERE MENTION THE PERIOD FOR OBTAINING DIN TO GET APPOINETED AS DIRECTOR"

Late of appointment of director can not be earlier than his obtaining DIN.

It is not legal as per proviso to section 253.

As per proviso to section 253 of the Companies Act, 1956, inserted by the Companies (Amendment) Act, 2006, w.e.f. 1-11-2006, no company shall appoint or re-appoint any individual as director of the company unless he has been allotted a Director Identification Number under section 266B.

With Regards

Neha

Originally posted by : Sumit Jaiswal
	I dont think this would be legal. Section 253 of the Companies Act says: No company shall appoint or re-appoint any individual as director of the company unless he has been allotted a Director Identification Number. Every individual, intending to be appointed as director of a company shall make an application for allotment of Director Identification Number (DIN). Therefore, any proposed director of a company must ensure that he/she is having DIN and if not having DIN, it should be first obtained.

As such practically it is possible for which MCA should take stept to relate the date of DIN to the date of Appointment to stop this.

In my opinion it is illegal.
 

Agree with Ankurji completely. This is not legal but this may be practically possible, if done this might go unnoticed. MCA should take corrective steps.

In my opinion, ROC may raise query later on when it comes to notice.

So, as per good corporate practice it is better to avoid this.

Hello Dhroovji,

Nowadays, DIN are allotted instantly as soon as the form is filed. So the possible time gap between making application for DIN and allotment of DIN by MCA has been brought to the minimum which was earlier around 2 weeks (at the time of physical submission of documents to DIN Cell).

Hence this proviso to section 266A has become redundant now which was earstwhile of relevance.

This is strictly my opinion. Contrary views are most welcome.

Best Regards

Neha

absolutely right

Originally posted by : Neha Jain
	In my opinion, ROC may raise query later on when it comes to notice.   So, as per good corporate practice it is better to avoid this.

I think the same.

Agree with Ankur ji and Neha.

Rules says that, every Existing director has to notify to the Company within 1 month. The Directors who were already holding the position. but for those who have become Director after that DIN Notification, will have to get the DIN then be appointed as a Director.

Regards,

Aditya