Tax Mill

ADD/REMOVAL OF DIRECTOR

A corporation may remove a director, whether it is incriminating any of the disqualifications stated in this Act, is absent from meetings of the board for 12 months, contracts or agreements against the provisions of subsection 184, is disqualified by a court order or a tribunal, and is convicted of any crime and sentenced to no less than six months in prison.

You may have to appoint a new boss to the business and it might happen that a manager is quitting the company. The person must be entitled in compliance with the Articles of the Company to add a director.

Change in directorship

An adjustment in the management of a business may be made at any time. The modification involves both insertion and elimination. Voluntary reform may arise or result in a need for change. The need arises whether a specialist is required in the board of directors or whether the current director is killed or dismissed. In any event, a corporation must comply with the guidelines set out in the Companies Act to demonstrate the transition.

Change in directorship

Adding a director

The director may be added to the company only at the general meeting with the approval of the shareholders. It is therefore possible to change the board of directors of a company by adding a director to the annual general meeting or by calling an extraordinary general meeting. However, sometimes it is not possible to wait for the AGM, nor is it possible to call an extraordinary general meeting. In these circumstances, a company may add an additional director to the board of directors at a meeting of the Board of Directors and may subsequently regularize such directors at the next AGM.

Basic requirements to appoint a Director :

Process for the Adding of Director

At general Meeting

  • Send notice to directors to call the board meeting 
  • Pass a board resolution to call General Meeting 
  • Send Notice to all the shareholders 
  • Pass resolution in AGM or EGM 
  • File form DIR-12 with Tax Mill

Director Identification Number (DIN)

All partners or those who wish to be a designated partner of the proposed LLP are expected to apply for the DIN.

A submission must be made in Form DIR-3 for assigning of DIN. The scanned documents (usually Adhaar and PAN) must be attached to the form. The document shall be signed by a full-time employing secretary of the company or, as the claimant appoints the managing director/director/director/CEO/CFO of the current company.

Removal of director

At general Meeting

  • Send notice to directors to call the board meeting 
  • Pass a board resolution to call General Meeting 
  • Send Notice to all the shareholders 
  • Pass resolution in AGM or EGM 
  • File form DIR-12 with Tax Mill

Director Identification Number (DIN)

All partners or those who wish to be a designated partner of the proposed LLP are expected to apply for the DIN.

A submission must be made in Form DIR-3 for assigning of DIN. The scanned documents (usually Adhaar and PAN) must be attached to the form. The document shall be signed by a full-time employing secretary of the company or, as the claimant appoints the managing director/director/director/CEO/CFO of the current company.

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