Learned friends please share your views on the following : Whether Board of Director can appoint a person not having DIN as an Additional Director w.e.f. a future date so that in the meantime DIN can be obtained
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Whether a person not having din can be appointed director w.
Replies (3)
Sir,
Every such applicant who has applied for the allotment of DIN may be appointed as a director till such time such applicant has been alloted DIN. It takes maximum 1m after that you have to intimate DIN to company within 1m who in turn intimate the same to the concerned ROC within 7 days.
In my view it is possible. Resolution can be conditional subject to getting DIN by specified date failing which appointment will not be effective and there will be no violation.
As per my view and as per my interpretation of the provisions of Companies Act 2013, having a DIN is a pre-requisite for appointment of director and is a qualification required at the time of appointment. And in my view there is no way to be safeguarded against such violation.
Pankaj Kabra
The Company Law Desk
For Company Law Queries Visit www.thecompanydesk.net84.net
or mail thecompanydesk @ gmail.com
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