Director of a company is a person elected by the shareholders for managing the affairs of the company as per the Memorandum and Articles of Association of the company. Only living persons can be Directors of a company and the management of a company is entrusted to the Board of Directors.
Appointment of Director
- To appoint a director, the person proposing to become a Director must obtain a digital signature certificate (DSC) and director identification number (DIN).
- DIN can be obtained for any person who is above the age of 18.
- The nationality or residency status of the DIN applicant does not matters.
- Hence, Indian Nationals, Non-Resident Indians and Foreign Nationals can obtain DIN and be appointed as Director of a company in India.
Resignation of Director
Director in a company may need to resign or the Board of Directors or Shareholders may want to remove a Director for any reasons.
- In such cases, a Director can resign or be removed by filing the intimation of change of Director with MCA.
- A Director can resign from a company by giving a notice in writing to the company and the Board is required to file the necessary filings with MCA within 30 days.
- A Director can also send a copy of the resignation letter to the ROC directly by filing a different set of forms.