Appointment or removal of a Director or Designated Partners 


Directors are appointed by the shareholders of a Company for the management of a Company. As per Companies Law of 1956, a Private Limited Company is required to have a minimum of two Directors and a Limited Company is required to have a minimum of three Directors. On the other hand, a Limited Liability Partnership (LLP) has Designated Partners and Limited Liability Partnership Act, 2008 requires each LLP to have a minimum of two Designated Partners. Appointment or removal of a Director or Designated Partners may be required due to various reasons. AdroitCorporation.in can help you file the necessary filings to add or remove a Director from your Company or add or remove a Designated Partner from you LLP. To add a Director or Designated Partner, Digital Signature must first be obtained for the proposed Director. Once, Digital Signature is obtained, the proposed Director can be added into the Company with the consent of the shareholders. To remove a Director from a Company or LLP, it is important to ensure the Company or a LLP would have the minimum required number of Director or Designated Partner after removal of the Director. If so, then the resignation letter along with the required form must be filed to effect the resignation of the Director.

[advantage] [adv_part title=”Director”]A company is a legal entity and a juristic person established under the Act. Therefore a company form of organization has wide legal capacity and can own property and also incur debts.[/adv_part] [adv_part title=”Minimum Requirements”]To become a Director of Company, a person must be at least 18 years old and posses Director Identification Number. Foreign Nationals can also be Directors of an Indian Company.[/adv_part] [adv_part title=”Director Identification Number”]Director Identification Number or DIN is a unique number allotted by the Ministry of Corporate Affairs for any person who is a Director of a Company or proposes to be Director of a Company.

[/adv_part] [adv_part title=”Board of Directors”]A Private Limited Company must have a minimum of two Directors and up to a maximum of 15 Directors. The Directors do not have to be shareholders. However, they have to be over the age of 18.[/adv_part] [adv_part title=”Adding a Director”]A new Director can be added to the Board of Director by passing an ordinary resolution in an Annual General Meeting or an Extraordinary General Meeting. Ordinary resolutions can be passed by a simple majority.[/adv_part] [adv_part title=”Removing a Director”]A Company can remove a Director by passing an ordinary resolution in an Annual General Meeting or an Extraordinary General Meeting. Ordinary resolutions can be passed by a simple majority.

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FAQ


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What are the requirement for becoming a Director of a Company?
A Director of a Company must be above the age of 18 and must have a Director Identification Number. The person can be an Indian National or a Foreign National. The Director of a Company has to be a natural person.
what is the minimum number of Director required for a company?
A Private Limited Company must have a minimum of two Directors at all times. A Limited Company must have a minimum of three Directors at all times.
What is the maximum number of Directors allowed in a company?
A Company is allowed to have a maximum of 15 Directors
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What are the documents required for obtaining DIN?
A Digital Signature, Signed Affidavit from the proposed Director and information about the identity and address of the Director is required.
What is the procedure for removing a Director from a Company?
A Company can remove a Director by passing an ordinary resolution in an Annual General Meeting or an Extraordinary General Meeting. Ordinary resolutions can be passed by a simple majority. Once a resolution is passed, the Company must file the Resolution along with the necessary forms to the Ministry of Corporate Affairs to remove a Director.
What is the procedure for adding a Director?
A new Director can be added to the Board of Director by passing an ordinary resolution in an Annual General Meeting or an Extraordinary General Meeting. Ordinary resolutions can be passed by a simple majority. Once a resolution is passed, the Company must file the Resolution along with the necessary forms and the Digital Signature of the Managing Director or Secretary of the Company, to the Ministry of Corporate Affairs to appoint a Director.
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