HOW TO ADD ADDITIONAL DIRECTORS TO AN EXISTING COMPANY
As
we already know that only an individual can become a director in order to
become one there are procedural requirements which has to be done according to
the companies’ act 2013. A person delegated as an additional director can
involve their post until when the date of the following Annual General Meeting.
Without an Annual General Meeting, their term of arrangement will close on the
date on which the yearly broad gathering ought to have been held. In spite of
the fact that delegated on a transitory premise, an additional director is
vested with similar powers of a director. Also, they are liable to all
commitments and confinements of a director. They are likewise qualified for
look for a permanent director at the Annual General Meeting. The additional
director must use his/her powers to the greatest advantage of the organisation and the investors.
The
number of directors and additional directors taken together shouldn't surpass
the number determined in the Articles of Association. For example, if the
Articles of Association of an organization allows the appointment of 11
directors’ altogether, and the organization right now houses 5 full-time
directors, the Board of Directors may choose 6 additional directors. Further
the Board isn't approved to name any individual as an additional director whose
resolution for appointment is dismissed by the investors in a general
gathering. Let’s look what are the documents required for adding directors to
the existing company,
1) Photograph.
2) PAN
card.
3) Proof
of residence.
4) Digital
signature residence.
Now
let’s see what are the steps involved in adding additional directors in the
companies act 2013,
1) Check
whether articles of the Company contain Check whether articles of the Company
contain power/authorization to select Additional Director read with Section
161(1) of the Companies Act, 2013. Gather DIN number of the proposed chief u/s
153 read with from DIR-3 and DIR-4.
2) Collect
DIN number of the proposed director u/s 153 read with from DIR-3 and DIR-4.
3) Collect
Consent in writing to act as Director in form
DIR-2 pursuant to Rule-8 of Companies (Appointment & Qualification of
Directors) Rules, 2014.
4) Intimation
in Form DIR-8 pursuant to Rule-14 in terms of Companies (Appointment &
Qualification of Directors) Rules, 2014, to the effect that he/she is not
disqualified u/s 164(2) of Companies Act, 2013.
5) Disclosure
of Interest in Form MBP.1 pursuant to section 184(1) read with rule 9(1) of
Companies (Meetings of Board and its Powers) Rules, 2014
6) Hold
a board meeting for Board Resolution for
appointment of Additional Director u/s 161 of Companies Act, 2013 and
Board Resolution for taking note of Disclosure of Interest in Form MBP.1 u/s
184 of Companies Act, 2013.
7) File form DIR.12 with ROC as return of appointment of
Additional Director within 30 days of passing board resolution for appointment.
8) File form MGT.14 with ROC for filing resolution passed for
taking note of Disclosure of Interest in Form MBP.1 u/s 184 of Companies Act,
2013.
9)
Make necessary entries in
the Register of Directors along with their Shareholding, if any, maintained u/s
170 of Companies Act, 2013.
contact us for more details : 9895212229
contact us for more details : 9895212229
Comments
Post a Comment