CHANGE IN DIRECTOR
CHANGE IN DIRECTOR
Director of a company is a person elected by the shareholders for managing the affairs of the company as per the Memorandum of Association and Articles of Association of the company. Since a company is an artificial judicial person created by law, it can only act through the agency of natural persons. Thus, only living persons can be Directors of a company and the management of a company is entrusted to the Board of Directors. Appointment of Directors can be required for a company from time to time based on the requirements of the shareholders of the business.
To appoint a director, the person proposing to become a Director must obtain a digital signature certificate (DSC) and director identification number (DIN). DIN can be obtained for any person who is above the age of 18. The nationality or residency status of the DIN applicant does not matters. Hence, Indian Nationals, Non-Resident Indians and Foreign Nationals can obtain DIN and be appointed as Director of a company in India.
Monitrix is the leading business services platform in India, offering a variety of services like company registration, trademark filing, GST registration, income tax filing and more. Monitrix can help you appoint a director in your company. The average time taken to file for appointment of director is about 10 - 15 working days, subject to government processing time and client document submission. Get a free consultation on appointment of director by scheduling an appointment with an Monitrix Advisor.
TYPES OF DIRECTOR IN A COMPANY
Managing Director is a Director, who by virtue of Articles of Association of a company or an agreement with the company or a resolution passed in its general meeting, or by its Board of Directors, is entrusted with substantial powers of managed of affairs of the company.
Executive Director is a Director, who is in full-time employment of the company. Hence, executive directors are deeply involved with the management of the company and managing affairs of the company.
Ordinary Director means a simple Director who attends the Board Meetings of a company and participates in the matters put before the Board of Directors. These Directors are neither whole-time Directors or Managing Directors.
Additional Director is someone appointed by the Board of Directors between two annual general meetings subject to the provisions of the Articles of Association of a company. Additional Directors can hold office only upto the date of next annual general meeting of the Company.
Alternate Director is someone appointed by the Board of Directors in a general meeting to act for a Director called the original director during his/her absence for a period of not less than three months. Generally, alternate Director are appointed for a person who is a Non-Resident Indian or Foreign Collaborators of a company.
STEPS INVOLVED IN CHANGE OF DIRECTOR
The procedure for adding a Director to the Board of a company would depend on the existing Board of Directors. Our Experts will advise you on the procedure relevant for you.
2. Board Resolutions
Once you obtain an understanding of the procedures involved in appointing a Director to your Company, our Experts will draft the necessary Resolutions for the procedure.
Once the Board Resolutions are passed, our Experts will prepare and file the necessary documents with the Ministry of Corporate Affairs to register the addition of new Director.
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