Counsel

First and foremost, check whether such person has DIN No. or Not. If such person doesn’t have DIN No. then Apply for DIN.

Following documents are required from director to appoint him as additional director:

1. Consent in writing to act as Director in Form DIR-2 pursuant to Rule-8 of Companies (Appointment & Qualification of Director) Rules, 2014

2. Intimation by Director in form DIR-8 in terms of Companies (Appointment & Qualification of Directors) Rules, 2014, to the effect that he/ she is not disqualified u/s 164(2) of Companies Act, 2014.

3. Disclosure of Interest in Form MBP-1 pursuant to Section 184(1) read with Rule 9(1) of Companies (Meetings of Board and its Powers) Rules, 2014. {One thing should be noted MBP-1 should not be dated earlier than the date of his/her appointment as Director}.

4. However, if there is nothing to disclose on the part of new Director, even then also require to take form MBP-1 from Director. (NIL disclosure is also a disclosure under section 184(1).

After receiving all the documents from the director:

1. Call the Board Meeting.

2. Pass Resolution for appointment of Additional Director.

3. Issue Letter of Appointment.

4. File e-form DIR-12 [Along with CTC+ Consent + Letter of Appointment)

5. File e-form MGT-14[For disclosure of interest in MBP-1]

6. Now this person will be Additional Director Until AGM of the company. If a company wants to appoint him as a director then regularize the person as director in General Meeting by Shareholder Resolution. File form DIR-12 for Change in Designation of Director along with the ordinary resolution.

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