Paper Filings

Paperfilings

Addition & Removal of Directors

As of my last update in September 2021, “Paperfiling” generally refers to the traditional method of submitting physical documents and paperwork to the relevant government authorities or agencies.

Addition & Removal of Directors

As of my last update in September 2021, “Paperfiling” generally refers to the traditional method of submitting physical documents and paperwork to the relevant government authorities or agencies. When it comes to the addition and removal of directors in a company, the process typically involves the following steps:
Addition of Directors:
1. Board Resolution: The board of directors must pass a resolution to appoint a new director. The resolution should be recorded during a board meeting or through a written resolution signed by the directors.
2. Consent from the Director: The person being appointed as a director must provide their written consent to act as a director of the company.
3. Director Identification Number (DIN): The new director must have a valid DIN. If they do not have a DIN, they should apply for one from the Ministry of Corporate Affairs (MCA).
4. Filing of Form with Registrar of Companies (ROC): The company must file the necessary form, such as Form DIR-12 (in India), with the ROC within 30 days of the director’s appointment. This form notifies the ROC about the addition of the director and provides the required details.
Removal of Directors:
1. Board Resolution: The board of directors must pass a resolution to remove a director. The resolution should be recorded during a board meeting or through a written resolution signed by the directors.
2. Special Notice: A special notice must be issued to the company at least 14 days before the date of the general meeting, indicating the intention to move a resolution for the removal of the director.
3. Shareholder Approval: The shareholders must approve the removal of the director through an ordinary resolution at a general meeting. The director, who is being removed, has the right to be heard at the meeting.
4. Filing of Form with ROC: After the removal of the director is approved by the shareholders, the company must file the necessary form, such as Form DIR-12 (in India), with the ROC within 30 days. This form notifies the ROC about the removal of the director and provides the required details.
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