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Removal of Director From Private Limited Company - Overview
Every private company must have at least 2 directors, and in the case of a public corporation, at least three directors are required. A Private company has the rights to remove a director if he is caught in any of the incompetence stated as per the Act, absents himself/herself from board adherence for more than 12 months. If it enters into arrangements or agreements against the provisos of section 184, it gets barred by order of a court or is convicted by a court or Tribunal of any crime and condemned to imprisonment for more than 6months.
How To Add Directors for Private Limited Company?
According to section 260 and section 284 of the Companies Act, 1956, the Articles of Association of an organization are the wellspring of specialist from where the Board of Directors attracts the privilege to add new chiefs to the Board or expel existing ones. The Articles of Incorporation must accommodate the expansion of Directors. The individual designated must be qualified according to the applicable conditions in the Articles of Association and must give his agree to be a chief in composed shape which the organization must enroll with itself.
Points to Remember before considering Change in Directors
Private Limited Company- The minimum amount of directors in a private limited company is two.
Public Limited Company- The minimum amount of directors in a public limited company is seven.
Hence the company has to know the minimum amount of directors before going for change of directors.
There are 15 directors allowed for a private limited company.
Every director who is appointed as per the provisions of the Companies Act, 2013 has to have a Director Identification Number (DIN).
Foreign directors are allowed to be appointed in both private and public companies.
Any director who is removed formally from the board must secure an opportunity to be heard.
The director who is resigning must submit the resignation letter to the board of directors. Within 30 days of resigning the director has to file Form DIR-11 to the registrar of companies
How are Directors Appointed by a Company?
The formal appointment of a director is governed by provisions relating to section 149(1) of the Companies Act, 2013. All companies require to have a director to comply with the rules of the law.
The director has the function to oversee, manage or direct the company to go in the correct direction.
For a public limited company, 2/3 rd of the shareholders appoint the director and the rest of the directors are appointed as per the provisions related to the articles of association of the company. The remaining portion of the directors represents 1/3 of the directors.
For a private limited company, the appointment is carried out by looking into the provisions prescribed by the articles of association of the company. If there are no provisions related to this then the appointment of the directors is carried out through the shareholders.
How to Change Directors of a Private Limited Company in India ?
An individual wanting to be appointed as a director of a private limited or public limited company must have a valid DIN (Director Identification Number).
First and foremost an applicant wanting to be appointed as a director would have to make an application for DIN online through Form DIR-3.
Apart from this, the director must have a Digital Signature Certificate (DSC). Hence an applicant must have a valid DSC to be appointed as a director.
The following documents have to be attached with Form DIR-3 for the appointment of director:
• Passport Size Photograph
• Valid ID
• Residential proof of the Director
The company has to convene a board meeting to consider the resolution for the appointment of directors. In this the notice to approve the EGM for appointment of directors must be considered. The EGM has to be called after a period of 21 days notice.
The EGM is convened and the resolution is passed for the appointment of directors. The following documents have to be maintained by the director:
• Attendance sheet of the EGM
• Minutes of EGM
• Proof of dispatch of the notice.
• Copy of Notice to call EGM
All the above information must be submitted along with DIR-12 to the ROC within 30 days of passing the resolution.
The following details have to be included:
• The Salary (CTC) of the Director
• Any other interests in other entities in Form MBP-1
• Residential Proof and ID
• Consent Letter in Form DIR-2
• Appointment Letter
Documents Required For Change in Director
PAN Card of shareholders and Directors.
Foreign nationals must provide a valid passport.
Latest Passport size photograph of Shareholders and Directors.
Aadhar card and Voter ID/ Passport/ Driving License of Shareholders and Directors.
Director’s Address Proof
Latest Telephone Bill /Electricity Bill/ Bank Account Statement of Shareholders and Directors.
Business Address Proof
Latest Electricity Bill/ Telephone Bill of the registered office address
In case of NRI or Foreign National, documents of director (s) must be notarized or apostilled