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Frequently Asked Questions
For addition or removal of director in Private Limited Company, the consent of the members of the company shall be obtained by Ordinary Resolution. The number of directors cannot be less than 2 (Private Company) or 3 (Public Company) after the changes taken place.
Where the number of director(s) in Private Limited Company is less than the number prescribed (2 or 3), the company shall add director in company to comply with the requirement within 6 months from removal/resignation/death of concerned director.
The procedure of change of directors in Pvt Ltd Company can be carried on simultaneously. Hence, Removal and Addition of directors can be carried on at the same time.
An individual to be added as director must be qualified to be a director as per the provisions of the Companies Act, 2013. To appoint a director in the company, the consent of the members of the company is also required.
There are no limitations in terms of citizenship or residency to be a director. But the person should be 18 or above 18 years of age i.e. not a minor. Also, the proposed director shall have DIN and not be disqualified to be appointed as director in Limited Company as per the provisions of Indian Companies Act, 2013.
DIN (Director Identification Number) is a unique number assigned by the Ministry of Corporate Affairs to Individuals on application made, which allows any individual to be Director in any Company or Designated Partner in LLP. The DIN is permanently allotted and can be used for subsequent appointment in another company/LLP.
There is no requirement to subscribe the shares of the company by director for adding a director to a company. However, if the Articles (AoA) of the company requires for subscription by director, the same shall be fulfilled as a condition for appointment.
Only an individual can act as a director in the company. Hence, if any LLP or Company is willing to be added as director in the company, only the representative of the Company/LLP shall act as the director in the Limited Company.
Yes, a NRI or Foreign National can be a Director in a Private Limited Company after obtaining Director Identification Number. However, at least one Director on the Board of Directors must be a Resident India for Private Limited Company Registration and the criteria shall be followed after company incorporation.
In order to remove director from Private Limited Company, the directors shall conduct meeting of members for passing resolutions, whereby a special notice in this regard is to be given to members of the company and the exiting director shall be given an opportunity to represent his grounds.
Yes, a director can voluntarily resign from the company after providing the notice of resignation to the company providing the reason of resignation. The resigning director needs to file requisite form with MCA to intimate about his resignation from Company.
Once the director has filed his resignation with the company, it is the responsibility of the company to intimate the change to MCA. The requisite e-form is required to be filed within 30 days from the resignation. Further, the vacancy of the director is also required to be filled as per the requirement.
No, even after end of the tenure as director, a person can hold the shares in the company. However, if the shares in the company are subscribed as a condition to appointment as provided by AoA, the shares are also required to be dispose of in the manner provided in AoA.
The shares of the company shall be transferred by way of executing the Share Transfer deed and by affixing the stamps as per the rates mentioned in the Stamp Act of the concerned State after the change of director in private limited company.
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Changes in the management i.e. directors of the Private Limited Company is required from time to time considering the altered requirements and change in the business from time to time. LegalWiz.in is a leading online service provider. Experts at LW can help you carry on the change of Directors in Private Limited Company at affordable prices with no hassle and quick turnaround time. The procedure of adding a director to a limited company and removal of director from Private Limited Company require certain provisions to be complied with as provided under Indian Companies Act, 2013. At LegalWiz.in, we cater to customers who are looking for better, faster and affordable online services for change of directors on Pvt Ltd Company. We guarantee highest quality standard backed by 100% customer satisfaction. Our team of expert Chartered Accountants, Company Secretaries and a network of qualified professionals take care of the procedure for Company Incorporation and carrying changes in management and business of Private Limited Company as per Indian Companies Act, 2013. To effect the change of director in Private Limited Company, you need to spare only 15 minutes to provide details of your Company and directors concerned with specific requirements. All you need to do is answer few simple questions and share documents related to your Company & Directors and rest will be taken care by the experienced team of LegalWiz.in. Experts on Subject matter are available on call or via email to answer your queries. LegalWiz.in provides full spectrum of services related to Change in Business Objectives, Annual Compliance of Private Limited Company, GST Registration, GST Return filings, Tax Registration and filings, Accounting and Bookkeeping Services, Trademark Registration, Copyright Registration, Personalized Legal Document Drafting and more. We offer services through an online model and a network of trusted affiliates across all major cities in India including Mumbai, Delhi, Ahmedabad, Surat, Pune, Bangalore, Hyderabad, Vadodara, Kolkata, Chennai, Noida, Gurgaon and others.