Expert Director Addition & Director Removal Services

At LEGOMARK INDIA, we specialize in director addition and director removal services, ensuring seamless compliance with the Companies Act, 2013. Whether you need to appoint a new director for business growth or remove an existing director due to strategic or regulatory reasons, our expert team ensures a legally compliant and hassle-free process.

What is Director Addition/Removal?

• Director Addition: Appointing a new director to the company’s board to bring in new expertise, meet compliance requirements, or expand operations.

• Director Removal: Removing an existing director due to resignation, retirement, non-performance, breach of policy, or legal reasons.

Both processes must comply with the Companies Act, 2013, and the company’s Articles of Association (AOA) to ensure proper governance.

Director Addition Process

1. Board Meeting: A resolution is passed by the board to approve the addition of a new director.

2. Obtain Consent: The new director must provide Form DIR-2 (Consent to Act as a Director).

3. Filing with MCA: The company must file Form DIR-12 with the Ministry of Corporate Affairs (MCA) within 30 days of appointment.

4. Update Company Records: The company’s Register of Directors and statutory filings must be updated.

5. Share Certificates (if applicable): If the appointment involves shareholding, relevant certificates are issued.

Director Removal Process

1. Board Meeting: A board resolution is passed to remove the director, following the Companies Act and AOA.

2. Special Resolution (if applicable): If the director is removed before their term ends, shareholders may need to pass a special resolution.

3. Notice to Director: The director must receive a formal notice and be given an opportunity to present their case.

4. MCA Filing: The company must file Form DIR-12 within 30 days of removal.

5. Final Record Update: The Register of Directors and company filings are updated accordingly.

Reasons for Director Addition/Removal

Director Addition:

• Business growth and expansion

• Need for specific expertise or skills

• Regulatory compliance (e.g., required number of directors)

• Corporate restructuring or strategic changes

Director Removal:

• Resignation or end of tenure

• Non-performance or breach of company policies

• Legal disqualification or conflict of interest

• Shareholder decision to remove a director

Documents Required for Director Addition/Removal

For Director Addition:

1. Board Resolution approving the appointment

2. Form DIR-2 (Consent to Act as a Director)

3. Director Identification Number (DIN)

4. Identity Proof (PAN, Aadhaar, Passport, Voter ID)

5. Address Proof (Utility bill or bank statement, not older than two months)

6. Form DIR-12 filed with MCA

7. Shareholder Resolution (if required by the AOA)

For Director Removal:

1. Board Resolution proposing the removal

2. Special Resolution (if applicable)

3. Notice of Removal sent to the director

4. Director’s Response (if provided)

5. Form DIR-12 filed with MCA

6. Shareholder’s Consent (if required)

7. Proof of Fee Payment for filings

Why Choose LEGOMARK INDIA for Director Removal?

Legal Expertise: We ensure compliance with the Companies Act, 2013 and corporate governance laws.
Hassle-Free Process: We handle all legal paperwork and MCA filings, making the transition smooth.
Timely Filing: We ensure Form DIR-12 and all relevant documents are submitted on time.
Accuracy & Transparency: All filings and resolutions are carefully documented for legal clarity.
Comprehensive Service: From document preparation to final submission, we provide end-to-end support.

Get Director Addition/Removal Done with LEGOMARK INDIA

Need to add or remove a director? Ensure compliance and a smooth transition with LEGOMARK INDIA. Our expert legal team makes the process seamless, avoiding any penalties or legal issues.

Contact us today to get professional assistance with director removal and addition services!

Frequently Asked Questions (FAQs)

Q1: How long does it take to remove a director?
A: The process takes around 7-15 days, depending on the MCA approval.

Q2: What happens if I don’t file Form DIR-12?
A: Failure to file Form DIR-12 within 30 days can result in penalties and legal consequences.

Q3: Can a director be removed without consent?
A: Yes, a director can be removed by the board or shareholders following the Companies Act, 2013.

Q4: Can a company operate without a director?
A: No, a private company must have at least two directors, and a public company must have at least three directors.

Ensure Legal Compliance Today! Get in touch with LEGOMARK INDIA for quick and hassle-free director addition or removal services!