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Addition of New Directors
A Director of a Company is a person that is elected by the shareholders to manage the affairs of the company as per the MOA and AOA. As the company is an artificial person it can only act through the agency of a natural person. Thus, a director has to be a living person and the management of the company is entrusted to its Board of Directors. The appointment of the Directors can be required from time to time based on the requirements of the shareholders of the business.
How to add a Director to a Company?
In a Private Limited Company, the Directors of the company play a crucial role in the functioning. The conduct of the business and the day-to-day decisions are made by the Directors. The Directors happen to be the key people in which the shareholders of the company trust to invest their money. In this article, we are going to discuss how a company can legally change and have new directors on board in India.
The first step is to obtain the consent of the proposed directors: The consent of the proposed director is necessary, according to form DIR-2 this is a very crucial document and the company is required to obtain the Form DIR-2 before proposing him to the Director of the Company.
Digital Signature Certificates of the Proposed Directors: In case the proposed directors of the company do not have Digital signatures, they need to obtain a DSC. Apply for DSC now.
Get the Director Identification Number (DIN): In case the Proposed Director does not have a DIN, then the company should apply for the DIN of the proposed person. This resolution is to be attached to the form DIR3. This DIN that is allocated once can be used for a lifetime. DIN can be obtained for any person who is above the age of 18. Also, the nationality of the proposed does not matter. Hence, the Indian Nationals, Non- Resident Indians, and Foreign Nationals can obtain the DIN and be appointed as Directors in a Private Limited Company in India.
The Company should obtain all the KYC Documents along with the necessary educational qualifications documents as per the conditions of the job. Also, there is no minimum education qualification to hold the post of Director in the Company in India.
Who is a Director in a Private Limited Company?
The Companies Act,2013 defines the term Director as someone who is appointed to the Board of a Company. The Board of Directors is a group of those individuals who are elected by the shareholders of the company to manage the affairs of the company. As a company is an artificial legal person that is created by law, the company can act only through the agency of natural persons. The Directors can only act through Human beings and the Directors through whom the company mainly acts. The Board of Directors is that body of individuals on which the management of a company is entrusted.
According, to the other definitions a Director is someone who administers, controls, or directs something. A Director is someone who supervises, controls, or manages. He is a person who is elected by the shareholders of a company to direct a company’s policies; he is a person appointed or elected under the law, and who is authorized to manage and direct the affairs of the Company.