APPOINTMENT & RESIGNATION OF DIRECTOR
| Basic | Advance |
|---|---|
| ✔ Roc Filing | ✔ Roc Filing |
| ✔ Documentation | |
| ✔ Professional Consultancy |
Appointment & Resignation Of Director in India
Complete Guide to Appointment & Resignation of Director in India
In every company, the board of directors plays a crucial role in shaping strategy, ensuring compliance, and guiding day-to-day management. As companies evolve, they often appoint new directors or accept resignations. The Companies Act, 2013 outlines a detailed process to ensure such changes are compliant and transparent.
At Bharat eFiling Point, we simplify the procedures for appointing and resigning directors, helping you stay compliant with all ROC and MCA filing requirements.
What is Appointment & Resignation of Director?
-
Appointment of Director involves legally adding a person to the company’s board with appropriate documentation and government filings.
-
Resignation of Director means a formal exit from the board, requiring ROC updates and disclosures.
Both events must be recorded through board resolutions, shareholder approvals (where required), and official filings with the Ministry of Corporate Affairs (MCA).
Types of Directors Recognized in India
-
Managing Director (MD)
-
Whole-Time Director
-
Independent Director
-
Additional Director
-
Alternate Director
-
Nominee Director
-
Executive/Non-Executive Director
Legal Provisions for Appointment of Director
As per Sections 152, 161, and 170 of the Companies Act, 2013:
-
A new director can be appointed through a board resolution or by shareholders in a general meeting.
-
Consent to act as director (Form DIR-2) is required.
-
Filing Form DIR-12 with the ROC is mandatory within 30 days.
Legal Provisions for Resignation of Director
As per Section 168 of the Companies Act, 2013:
-
A director can resign by giving written notice to the company.
-
The company must intimate ROC by filing Form DIR-12.
-
The resigning director may also file Form DIR-11 for personal record.
Documents Required for Appointment of Director
-
PAN and Aadhaar copy of the new director
-
Passport (for foreign nationals)
-
DIN (Director Identification Number) or application for new DIN
-
Consent to act as director (DIR-2)
-
Digital Signature Certificate (DSC)
-
Board resolution or shareholder resolution
-
Appointment letter
Documents Required for Resignation of Director
-
Resignation letter from director
-
Board resolution accepting resignation
-
Updated director list
-
Filing of Form DIR-12
-
Optionally, Form DIR-11 filed by the resigning director
Advantages of Appointing a New Director
-
Brings fresh expertise and leadership
-
Helps in business expansion or restructuring
-
Meets compliance needs like appointing a woman or independent director
-
Fulfills statutory requirements in case of resignation or removal
Key Reasons for Director Resignation
-
Personal or professional commitments
-
Disagreement with company policies
-
Legal or compliance reasons
-
Retirement or transition to advisory role
Step-by-Step Process for Appointment of Director
-
Board Meeting: Pass resolution to appoint a director
-
Obtain DIN (if not available): Apply via DIR-3
-
Consent Letter: Director gives consent via DIR-2
-
File DIR-12: Submit with ROC within 30 days
-
Update Records: Include name in statutory registers
Step-by-Step Process for Resignation of Director
-
Resignation Letter: Director submits resignation to the company
-
Board Meeting: Company accepts and passes resolution
-
File DIR-12: File with ROC within 30 days
-
File DIR-11 (Optional): Director may also inform ROC directly
-
Update Registers & Website: Reflect changes across records
Compliance & Penalties for Non-Filing
Failure to file the appropriate forms within the due date may result in:
-
Late Filing Penalties
-
Disqualification of Directors
-
Company Marked Non-Compliant
-
Legal Notices from ROC
Bharat eFiling Point ensures you meet all timelines and avoid costly mistakes.
Why Choose Bharat eFiling Point?
-
Expert MCA & ROC Filing Team
-
Fast DIN Processing & DSC Assistance
-
Affordable Packages for startups, private companies, and LLPs
-
PAN India Support
-
End-to-End Guidance – From resolution drafting to filing acknowledgment
Ready to appoint or resign a director the legal way?
Let Bharat eFiling Point handle your compliance, so you can focus on leadership.
Company Annual Filing Pvt vs LLP
| FEATURES | Pvt | LLP |
|---|---|---|
| DOCUMENTS | Appointment of Auditor - ADT 01, INC 20 A form filing, DIR 3 KYC (For 2 directors), Accounting & Bookeeping(Upto 100 transactions), Financial statement preparation, Accounting software (1-year license), AOC 4, MGT 7 & ADT filing, Annual filing(Upto turnover of 20 lakhs), Facilitation of Annual General Meeting, Preparation of Minutes & Filing of AGM Report, GST Returns Filings (12 Months), One Year Income Tax filing(Upto turnover of 20 lakhs), Statutory regulations PF, ESI, TDS*, Payroll, PF & ESI filing (Up to 5 employees). | Form 8 & 11 filing(One year), DIR 3 KYC (For 2 directors), Accounting & Bookeeping(Upto 100 transactions), Financial statement preparation, Accounting software (1-year license), GST Returns Filings (12 Months), One Year Income Tax filing(Upto turnover of 20 lakhs), Statutory regulations PF, ESI, TDS*, Payroll, PF & ESI filing (Up to 5 employees). |
| Time | 7-9 working days | 7-9 working days |
Documents Required for Appointment & Resignation Of Director in India
The documents required for the appointment and resignation of directors in India are as follows:For Appointment of Director:
- PAN Card of the Director to be designated
- Photograph of the Director to be designated
- Proof of Identity of the Director to be designated
- Proof of Residence of the Director to be designated
- Consent Letter from the Director to be appointed
- Director Identification Number (DIN)
- Digital Signature Certificate (DSC) of the Director to be appointed
- Board Resolution for the appointment of the Director
- Altered Memorandum of Association (MOA) and Articles of Association (AOA) of the company
For Resignation of Director:
- Notice of resignation filed with the company
- Proof of dispatch and acknowledgement received from the company
- Copy of resignation letter along with detailed reasons to be submitted to the Registrar within 30 days of resignation
It is important to note that the documents required may vary depending on the specific circumstances and requirements of the company and the director. It is advisable to consult with a professional or the relevant authorities for specific guidance.
Customer Reviews
At Bharat eFiling Point, we invest heavily in the administrations conveyed by us and assurance your fulfillment with our administrations & backing. We continually improve & endeavor to convey the best bookkeeping, monetary or secretarial administrations through the web.
“They are the epitome of excellence in the industry.”
Location: India.
Location: India.
