General provisions relating to appointment of directors company law notes

Author – CS Nancy Batra Gulati

Except as provided in the Act, every director shall be appointed by the company in general meeting. Where any provision contained in the Act requires or specifies any other manner of appointment of directors, the appointment may be made in such manner. Director Identification Number (DIN) is compulsory for appointment of director of a company. Every person proposed to be appointed as a director shall furnish his Director Identification Number and a declaration that he is not disqualified to become a director under the Act. A person appointed as a director shall on or before the appointment give his consent to hold the office of director in physical form DIR-2e. Consent to act as a director of a company. Company shall file Form DIR-12 (particulars of appointment of directors and KMP along with the form DIR-2 as an attachment within 30 days of the appointment of a director and necessary fee. The consent to act as director and intimation to Registrar is not required in case of section 8 companies and where appointment of such director is done by the Central or State Government, as the case may be.