Director's Consent to act as Director

In the light of above section  the answer to your query is ..

The concent to act as director is filed with the ROC within 30 days from the day on which the director is appointed as a director in the company in form 32 i.e. the within 30 days of passing the  resolution in board meeting.

Dear Sharaddha..,

Thanks for reply....

But

I have no query regarding intimation to ROC.., 

The query related to sub-section (1).., i.e. intimation to Company., whether is it to be made before appointment or after appointment., if after appointment, then is there any time limit (as in case of intimation to ROC, it is 30 days from the DOA)....

Dear Friend,

According to Section 264 of the Companies Act, When any member or a person has issued at least 14 days clear notice under Section 257 of the Companies signifying his candidature for appointment as a Director along with requisite deposit of Rs. 500/- , the Person if so appointed as director has to file a Consent to act as a director if appointed.

It should be filed with in 30 days of his appointment with the Companies and also with Registrar of Companies

Dear NIRALI SOLANKI

Thanks for reply.., 

You are also concerned on sub section (2) and section 257., but I am asking about requirement u/s 264(1) i.e. intimation to Company., as second reply to my query mentioned., 

I read that such intimation has to be filed before appointment, but this para mentioned at end "if appointed" that signifies that the person has to file consent if he is so appointed i.e. after appointment., Now let me know, whether am I right or not....

"I read that such intimation has to be filed before appointment, but this para mentioned at end "if appointed" that signifies that the person has to file consent if he is so appointed i.e. after appointment., Now let me know, whether am I right or not...."

concent to act as a director was filed priviously in form 29 but not now, in response to the querry, the dirctors needs to concent in writing in followin manner to the company, its generlly taken on the dat eof the meeting or before that:

Consent letter of director to act as director of the Company

Date :   

To

The Board of Directors

[Name of the Company]

[Address of the Company]  

Sub:- Consent to become Director of the Company 

I, the undersigned, hereby give my consent to act as a Director of the Company pursuant to the provisions of Section 264(2)/266(1)(a) of the Companies Act, 1956. I, hereby further certify that I have not been disqualified to act as a Director under section 267 and/or 274 of the Companies Act, 1956      

Signature _________

Name ___________

Address________

i hope it clears the confusion

then what the words "if appointed " signifies..???

yes u r correct its signed at the sigining of  appointment letter only

matlav..?

after appointment...??????

Dear Friend,

Practically speaking the consent to act as director is given by the director alongwith the notice or at the time of meeting when his appointment is to be considered.Even at the time of incorporating company we take consent letter before the company is incorporated.

The word "if Appointed" specifies that in case he has not filed his consent letter it is mandatory to file it within a resonable time of his appointment (30 days).

I hope you are clear on the point.

Thanks. 

director has to file consent letter with the company before his appointment.......

consent to appointment as director will be submitted to the company befor seven days of appointment

Originally posted by : Arvind
	Hello Everybody...... Please any explain me  as per the requirement of Sec 264 the person who proposed to act as Director of a company 1) shall file his consent to act as Director, with the Company, (in the act, "if appointed" is mentioned at end of para) 2) shall file his consent to act as Director, with concerned Registrar within 30 days from the date of appointment (i.e. date of meeting in which he was so appointed)   My query is regarding the time limit within which consent to be filed with company..,  whether it is to be filed after appointment (as para contain "if appointed") within reasonable time (that should be less than 30 days). of it shall be filed before appointment...???

Dear Arvind... !!

Section 264(1) says "PROPOSED AS A CANDIDATE"... so this is for sure that CONSENT SHOULD BE FILED TO COMPANY BEFORE APPOINTMENT..

Now you correctly pointed out the word "IF APPOINTED"... 

Suppose there are four candidates, out of whom only one will be appointed... So, the Consent of only that candidate is required who is APPOINTED... Other three candidates are not legally bound to file consent to the company.. it means those three directors will not submit their consent to the company in that meeting..

Thus, the significance of the word "IF APPOINTED" is -

COMPANY IS BOUND TO MAINTAIN CONSENT LETTER OF APPOINTED DIRECTORS ONLY.. 

There is no need to keep consent letters of those candidates who have not been appointed...

I think you get my point...

Views of other members should also be solicited..

Dear Shraddha,

The format of Consent Letter which you have posted needs some addition of sections 203 and 388E, which is now compulsory as per new E Form 32. In normal practise put up of  Section 275 is also desired.  You could find these section in form 32 Verification Part, Point 2.

Regards

Kumar Gaurav

Company Secretary

IL&FS Group