Compliances for Appointment and Resignation of Directors - File ROC Compliances

Appointment and registration of directors are very important event based compliances for a private limited company or any other type of company in India. A company is a legal entity that is run and operated by individuals.

The position of a Director in a company is a key managerial position which provides the support of managing and directing the operations and other needs of a business and directing people in the company to work for the achievement of the company's goals and objectives. The detailed process and compliance for appointment and resignation of director is discussed below.

As per the section 149 ( 1 ) of the companies Act 2013, there has to be a Board of directors in every company and section 152 of the Act deals with the appointment of Directors in a company. The process of resignation of directors is mentioned in the section 168 ( 1 ) of companies Act 2013.

The minimum requirement of directors in a company is mentioned below:

The required documents for appointment of Director are:

• Identity proof of the director such as Aadhar Card, Voter ID Card etc.
• Passport size photographs.
• PAN Card of Director
• Digital Signature Certificate(DSC)
• Director’s Identification Number(DIN)
• Residence Proof such as Utility Bills, rent agreement etc.

• Check for the provision of appointment of Director in the Article of Association of the Company and take decisions based on that.
• Conduct a General Meeting to pass the resolution for the appointment of the Director. The resolution must be passed with a majority.
• Apply for the DIN of the proposed Director.
• Take consent from the proposed director to join the company as a Director and facilitate the growth of the company.
• File Necessary forms such as Form DIR-2 and DIR-12 with the ROC within 30 days of appointment of the Director.

The process of Resignation of Director as the Companies Act is given below:

• As per Section 168 ( 1 ) of the Companies Act, a Director can resign from the company by giving a prior notice to the Board of directors.
• The Board Meeting must be held by giving 7 days prior notice to the members and a clear notice must be issued 21 days prior to the meeting.
• In the Board Meeting the members will decide whether or not to accept the resignation letter.
• If the Board accepts the resignation, they will pass a Board resolution for accepting the resignation of the members.
• After the resolution is passed the resigning director has to file Form DIR-11, along with the documents like copy of resolution, copy of resignation letter and acceptance.
• Form FORM-12 needs to be filed by the company with the ROC and Form DIR-11 is filed by the resigning director.
• As the last compliance procedure, the name of the resigned director has to be removed from the company data on the MCA portal and from the other important places.

For filing the compliances for appointment and resignation of directors the required fee is charged by the Government and a separate professional fee is also charged by the Company secretary or other professionals for filing the compliances required forms for company compliances with Registrar of companies.

Consult with Professional Utilities to know about the fees and procedure for filing compliances for appointment and resignation of directors in a Company. File your ROC compliances with Us

In conclusion it must be asserted that the compliances and procedure of appointment and resignation of directors is very intricate and requires filing of various forms with the government.

To simplify the Appointment and resignation process of Directors in a company according to the compliances mentioned in the Companies Act, contact our team at Professional utilities to do the process for your company.