Director in a private company

Pvt ltd 1067 views 7 replies

Can a person working in IT (software company) become a director in a private limited company and what is the  formalties.

Replies (7)

Yes he can be appointed as director of a company if there is no restriction by that IT company through its employment contract with the employee.

 

Procedure for appointment of director

 

  1. First collect DIN No. of proposed director and get it approved from MCA.
  2. Collect consent letter from the proposed director. (Recommended but not compulsory)
  3. Convene a Board Meeting for appointment of director

4.   Download Form-32 from www.mca.gov.in

5.         Fill form-32 and get it certified from a PCS/PCA and upload the same on MCA site for ROC filing with in 30 days from the date of Appointment of director (Board Meeting).

 

Thanks

Yes agreed with Mr. garg. There is no such restriction in the companies act that a person in service cannot be director of any company but proposed director must decide after confirming the provisions in his employement contract.

He can only be appointed as Non Executive Director. Because no person can be in full time employment in more than one place.

Thanks Mr. Ankur for adding this very important point....

Thanks,

Can a Managing Director of a Pvt Company, appoint as a Managing Director for another company ?. If So please explain in how many companies he can be appoint as a director or a Managing Director.

Yes this appointment is possible and governed by section 316 of the companies act, 1956.

 

If the second company where appointment is proposed, is a purely private company then section 316 is not applicable.

 

If the second company where appointment is proposed, is a public company or a private company which is a subsidiary of a public company, then section 316 is applicable. In this case such appointment or employment should be approved by a resolution passed at a meeting of the Board with the consent of all the directors present at the meeting and of which meeting, and of the resolution to be moved thereat, specific notice has been given to all the directors then in India.

 

RG

 

can a director interfere in day to day management of a private ltd company? is there any do s and don't s for director of private ltd co in company act?


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