Form DIR – 8 is not an annual ritual but pre – requisite for any appointment or re – appointment only. In case of a company where there is no appointment or reappointment, this form DIR – 8 is not required at all. Further, in case of long term appointment like independent directors or in case of directors not liable to be retired by rotation, there is no requirement for this form DIR – 8 under the Law.
Form plain reading, the Act and rules made there under does not provide any mechanism related to disqualifications which may be incurred under sub – section (1) or sub – section (3) of Section 164. What to do? Further, in case, where there is no requirement of appointment or reappointment, how a company shall ensure that any of its directors has not incurred any disqualification under Section 164(2).
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