Change in Director of a Company
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Procedure for Changing a Director in a Company
Obtain DIN and DSC
Ensure the incoming director has a valid DIN and DSC. If not, apply for these credentials.
Board Meeting
Convene a board meeting to discuss and approve the proposed change. Pass a resolution for the appointment or removal of the director.
General Meeting
If required by the company’s Articles of Association or the Companies Act, hold a general meeting to obtain shareholders’ approval for the change.
Director Appointment Filing
Director Appointment: File Form DIR-12 with RoC within 30 days of appointment. Director Resignation: Resigning director files DIR-11; company files DIR-12 within 30 days.
Update Statutory Registers
Amend the company’s statutory registers to reflect the change in directorship.
Public Disclosure:
If applicable, update the company’s letterheads, signboards, and other official materials to reflect the change.
Eligibility Criteria for Becoming a Director
- Age: Must be at least 21 years old and not exceed 70 years of age.
- Solvency: Should not be an undischarged insolvent or have applied to be adjudicated as an insolvent.
- Legal Compliance: Must not be disqualified by any court or tribunal order.
- Criminal Record: Should not have been convicted and sentenced to imprisonment for more than six months, with a five-year period elapsed since the sentence’s completion.
- Director Identification Number (DIN): Must possess a valid DIN and Digital Signature Certificate (DSC).
- Company Limits: Cannot serve as a director in more than 20 companies, with a cap of 10 public companies.
Documents Required for Changing a Director
- Photograph: Recent passport-size photo of the individual.
- Identification Proof: Self-attested PAN card.
- Address Proof: Documents such as Aadhaar card, passport, voter ID, or driving license.
- DIN and DSC: Valid Director Identification Number and Digital Signature Certificate.
- Consent Letter: For appointment, a consent letter from the proposed director (Form DIR-2).
- Resignation Letter: For resignation, a formal resignation letter from the outgoing director.
Compliance and Timelines
Timely Compliance is Mandatory: All filings under the Companies Act, 2013 must be done within the specified deadlines to avoid penalties.
30-Day Filing Rule: Changes related to directors must be reported to the RoC by filing relevant forms within 30 days of the event.
Penalty for Delay: Late filings can lead to financial penalties and legal complications for the company and its officers.
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