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PROCEDURE FOR APPOINTMENT OF A DIRECTOR IN A PRIVATE LIMITED COMPANY

 PROCEDURE FOR APPOINTMENT OF A DIRECTOR IN A PRIVATE LIMITED COMPANY

The functioning of a private limited company is mainly vested upon a director. The director holds key responsibilities of maintaining and running the business.

  • Obtaining the consent of the proposed director

The consent of the proposed director is taken to act as the Director of a company. The company must obtain Form DIR 2 before proposing the director of the company 

A Digital Signature has to be obtained by the director from the Certifying Authority of India

  • Obtaining Director Identification Number

The company should apply for a DIN if in case the director does not have a DIN. The resolution is to be attached with FORM DIR 3 which is a new requirement for obtaining DIN. DIN is allotted to a director only once in his lifetime.

The company should obtain all educational and KYC documents. It is to be noted that there is no minimum requirement of education for the appointment of a director.

  • Documentation preparation

The documents that need to be prepared for the appointment of the director are as follows

  1. Approval of the new director of the company
  2. Call for a board meeting with explanatory statement
  3. Resolution to be passed for the appointment of the director
  4. Appointment letter to be issued
  • Filing of FORM DIR 12 at ROC

The director must file e-FORM 12 with ROC along with documents like the consent, approval letter, DIR 2, certified true copy of the resolution of the meeting.

  • File Necessary Amendment Application to GST, Tax Authorities  Other regulators

Necessary application regarding the change in director details in GSTN and other certificates, whichever is applicable must be made

CONCLUSION

These are the steps that need to be followed before the appointment of the director of a private limited company in India.

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