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  • Who is a Director?
  • What is the minimum and maximum number of directors in a Company?
  • What are the different types of directors?
  • What are the Steps for addition of directors

Directors refer to the part of the collective body known as the Board of Directors, that is responsible for controlling, managing and directing the affairs of a company. Directors are considered the trustees of company’s property and money, and they also act as the agents in transactions which are entered into by them on behalf of the company.

Directors are expected to perform their duties and obligations as a rationally diligent person with skill, knowledge, and experience as the person carrying out functions of a director and of that himself.

Directors are responsible for controlling, managing and directing the affairs of a company. He/She plays multiple roles in the company. Hence, a director plays several roles in a company, as an agent, as an employee, as an officer and as a trustee of the company.

  • The law requires that every company must have at least 3 directors in case of public limited companies, minimum 2 directors in case of private limited companies and a minimum 1 director in case of one-person companies. A company can have a maximum of 15 directors. The company could appoint more directors bypassing the special resolution in its general meeting.
a)Residential Director As per the law, every company needs to appoint a director who has been in India and stayed for not less than 182 days in a previous calendar year. b)Independent Director Independent directors are non-executive directors of a company and help the company to improve corporate credibility and enhance the governance standards. In other words, an independent director is a non-executive director without a relationship with a company which might influence the independence of his judgment. The tenure of the Independent directors the hall up to 5 consecutive years; however, they shall be entitled to reappointment by passing a special resolution with the disclosure in the Board’s report. c)Additional Director A person could be appointed as an additional director and can occupy his post until next Annual General Meeting. In absence of the AGM, such term would conclude on the date on which such AGM should have been held. d)Alternate Director Alternate director refers to a personnel appointed by the Board, to fill in for a director who might be absent from the country, for more than 3 months. e)Nominee Directors Nominee directors could be appointed by a specific class of shareholders, banks or lending financial institutions, third parties through contracts, or by Union Government in case of oppression or mismanagement.

Step1 Board Meeting

-Notice to be sent to the directors regarding the agenda of the meeting at least
7 days prior to their respective registered addresses.

-Pass a Board Resolution to call for a General Meeting where the appointment of the director can be made.

-Notice to be given to the shareholders regarding the particulars of the meeting, including the agenda, date, time and place of the meeting.

Step2 Annual General Meeting/Extraordinary General Meeting

Once the Board Meeting has taken place, the person so appointed to circulate the notice regarding the General Meeting (“GM”), may issue to the notice to all of the following:
–Directors
–Shareholders
–Auditors
The notice of the GM has to be given not less than 21 days prior to the date on which the GM is to be held. However, a shorter notice period can be given if and only if the consent is given by not less than 95% of the members who are entitled to vote at the meeting.The consent has to be obtained either through writing or electronic mode.

At the GM, the resolution will be passed subject to the approval of the shareholders.

Step 3 File Form DIR 12 with ROC

Form DIR – 12 has to be submitted to the Registrar within 30 days from the appointment being made.

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