Appointment of Directors in Company
An individual person can be appointed as a Director in the Board of the Company to manage the day-to-day affairs and carry out business transactions after following the due process of law.
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Appointment of Directors in Company
Shareholders/owners appoint directors in a company to manage its affairs since the company, being an artificial entity, requires natural persons to conduct business activities and handle day-to-day affairs. The Board of Directors plays a crucial role in ensuring the success and profitability of the business.
The company appoints the initial directors, known as First Directors, during its incorporation through the Articles of Association (AOA). Subsequently, additional directors can be appointed by the company based on shareholder requirements. The AOA of the company contains provisions governing the addition or removal of directors.
Who shall be appointed as a Director of Company?
- There are no specific qualifications required for appointment of a person as director of company under the law.
- However, only a natural person can be appointed in a company and any body-corporate, association, firm or any other artificial person cannot be appointed as director.
- A person should be above 18 years of age and shall have a valid Director Identification Number (DIN)
- Further, the person should not be Disqualified from being appointed as Director
Who cannot be appointed as a Director of Company?
The act specifies certain disqualifications that would prevent a person from being appointed as a director of a company. A person will not be eligible for directorship if they meet any of the following conditions:
- He is of unsound mind
- He is an undischarged insolvent
- He is adjudged insolvent/applied to be an insolvent
- He is convicted by a court for an offence and imprisoned for at least 6 months and post imprisonment for 5 years has not elapsed.
- If he/she has been convicted of any offence and sentenced for a period of seven years or more, he shall not be eligible to be appointed as a director in any company.
- The court and tribunal have declared him disqualified for appointment as director.
- Not paid any calls on shares of the company held by him.
- Convicted of any offence dealing with related party transaction and 5 years have not elapsed
- He does not have Director Identification Number (DIN) or holds a Deactivated DIN
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Procedure for Appointment of Directors in Company
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