CHANGE IN DIRECTORS/PARTNERS




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CHANGING DIRECTOR OR DESIGNATED PARTNER

Definition Procedure FAQs


CHANGING DIRECTOR OR DESIGNATED PARTNER


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. Legal Suvidha Providers 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.





Process of Change in Directors




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Change In Directors

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Documents Preparation

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Documents Filing













Legal Suvidha Providers can help effect changes to the Board of Directors/Designated Partners of your Company/LLP by adding or removing Directors/Partners. Our Experts will first understand the nature of proposed change and will request you to provide the relevant information and documents.




Frequently Asked Questions





What is the procedure for intimating ROC about the changes among the Managing Director/Directors of the company?
A company can intimate changes among managing director, directors, manager and secretary of a company by filing Form DIR-12 with ROC within 30 days from date of such change takes place.

What are the information required for change of Directors of the Company?
Following information & documents are required for intimation to ROC about such change:-
Information
• Name & DIN of new director of the Company.
• E-mail id & Mob. No. of new Director of the Company.
• Name of director who is to remove from the directorship of the Company.

Documents
• Board Resolution for the appointment of Director.
• Appointment letter.
• Consent Letter.
• Board Resolution for removal of director of the company.
• Resignation Letter.
• Acceptance of resignation letter.
• ID & Address proof of Director.
• 2 Photograph of Director.

What are the documents & information required for change in the partner of LLP?
Following information and documents are required for change in the LLP Agreement:-
Documents required
• Initial LLP agreement.
• Supplementary/amended LLP agreement containing changes.
• Consent to act as partner/designated partner.
• Evidence of cessation.
• Affidavit or any other proof of change of name in case form is filed for change in name of existing partner.
• Copy of resolution of the company incase appointed partner is a body corporate.
• Copy of resolution/authorization of such body corporate also on letterhead mentioning the name and address of an individual nominated to act as nominee/designated partner on its behalf.

Information required
• Name & LLPIN of LLP.
• Name, DPIN & DSC of authorised partner of LLP for filing form.
• Details of Business activities to be carried on by LLP on incorporation.
• Total no. of partners as on date.
• Details of each partner to contribute money or property or other benefit or to perform services and their profit sharing ratio.
• Name, father’s name, address, Date of birth, Occupation & e-mail id of appointed partner in the LLP.
• Date of event.
• Name, father’s name, address, Date of birth, occupation & e-mail id of cessation partner from the LLP.
• No. of LLP & No. of Company in which appointed partner is a partner or Director.

What are the requirements of 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.

What is the minimum number of Directors 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 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.

What documents are required for director appointment?
• Documents required from Director:
PAN Card, Residence Proof, DIN declarations, Consent letter for appointment etc.
• Documents required from Company:
Board Meeting Resolution for Appointment and Letter of Appointment.
Legal Suvidha Providers will help you for preparing and filing of these documents with ROC office.

What is Consent Letter from Director?
Anyone to be appointed as Director needs to give his approval for appointment to the Company. This document is known as Consent Letter.

What Forms to be filed for adding a director in a Company?
Form DIR-12 is filed with the MCA portal for appointment of director.

What are different types of directors?
A) Executive Director is one who devotes his whole time of working hours to the company and has a significant interest in the company as his source of income.
B) Non Executive Director does not dedicate his whole time in the day to day functions of the Company. Only attends Board Meetings and guide the company in its policy matters.
C) Additional Director is a director who is appointed at any time between two Annual General Meeting of the Company. Such additional director need to be confirmed as director in next coming AGM.







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