how to induct a new director on the board

5169 views 8 replies

Hi Experts,

     please let me know the process of adding a new director to a private limited company.

     Do we need to file anything with MCA?

 

Regards,

Priyank

 

 

 

 


 

Replies (8)

Procedure for appointment of a new director as additional director

 

1.      First collect DIN No. of proposed director and get it approved from MCA. DIN==Director identification no.

2.      Collect consent letter from the proposed director. (Recommended however not compulsory)

3.      Convene a Board Meeting for appointment of the person as additional director under section 260 of the companies act, 1956.

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).

 

Kindly revert if there is any doubt.

 

Regards

Originally posted by : Ankur Garg






Procedure for appointment of a new director as additional director



 



1.      First collect DIN No. of proposed director and get it approved from MCA. DIN==Director identification no.



2.      Collect consent letter from the proposed director. (Recommended however not compulsory)



3.      Convene a Board Meeting for appointment of the person as additional director under section 260 of the companies act, 1956.



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).







 



Kindly revert if there is any doubt.



 



Regards

AGREE.....

Sir,

The DIN No. of the director of a Pvt Ltd Co has been approved after submission of Form DIN1.

Kindly let me know, if I have to also submit DIN2 and DIN3 form, or I can move directly to Consent, Board Resolution and Form 32.

Date of Appointment of director is 01.08.2010

No need of DIN-2&3, after appointment of Diector in Board Meeting just file Form-32 within 30 Days of appointment.

 

Regards,

Dear Friend

 

Appointment and resignation of Director

 

In this situation u can take the following route:

 

  1. Convey a Board Meeting
  2. In Board Meeting u first appoint additional director
  3. There after u can resign the existing directors
  4. Authorize new director to sign and file  forms with MCA and other authorities.
  5. File Form 32 of appointment of directors with concerned ROC and take approval from ROC.
  6. After approval of Form-32 regarding appointment, u can file Form-32 regarding resignation of directors
  7. You try to give effect of resignation of director from the date of Board Meeting or thereafter, otherwise  appointment  of new directors will be null and void.
  8. Convey a Board Meeting for calling general Meeting for regularization of existing additional directors
  9. File Form -32 regarding change in designation of existing director.

 

Regards

CS Ajay Mishra

Can one appoint a Director and then apply for a DIN 1? If not, then what is the notification regarding this


Ankit

dear ankit,

in my opinion yes.....a director can be appointed first in a board meeting.... and later on application for DIN can be made....if he has no DIIN No.  

after this form 32 can be uploaded from the date of his appointment....

Regards

Shivi

Legally it is voilation of section 266A. However, practically it is quite possible.


Form 32 can only be filed after obtaining DIN of Director.

 

In my opinion Ministry should so develop its system so that appointment before the date of DIN will show error. Which is lacking.

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