Today at MyOnlineCA we are talking about How to Become a Director in a Company. The term “Director” means someone delegated to the Board of a company. The Board of Directors is a group of expert individuals elected by the shareholders of a company to manage the affairs of the company.The Articles of Association authorizes an individual to function as a director of a company, to contract on the company’s name and its behalf. The Articles of Association may authorize and specify its directors to the role of the board of management, members of the governing council, governors, etc.
Directors refer to as someone appointed to the Board of a Company. Board of Directors points outs to a group of individuals elected by the shareholders of a company to deal with the issues of the company. Accordingly, A Director is a man/woman who is chosen to manage, control and coordinate the Business undertakings of an organization so that it can grow and prosper.
Becoming Director of Private Limited Company
For a person to become a Director in Private Limited Company, he/she should make an application for the Director Identification Number and Digital Signature.
To become a director of the company there is no particularized age limit. However, sec 157 of the company act specify minimum age to be 21 years, As Any person with less than 21 years of age cannot become a director.
The nationality of the director
In the companies act, There is no provision that specifies the nationality of the director. A person from any nationality can become the director of the company.
Disqualifications of becoming a Director
To become the director of a company, a person must not be disqualified under the Companies Act. the following persons are disqualified as per companies act :
- any person who has not paid its previous returns in any of the preceding years.
- a person of insane mind is not entitled to be a director.
- a person in who have any previous record of the criminal case in court.
Duties of Director of a Company
The Director of A company has following duties towards an Organisation :
- A director has a duty to act in the best interests of the Company.
- A director has a duty to employ assets of the company for the proper purposes and in the best interests of the company.
- It is a duty of director NOT to make secret profits by misusing the information concerning the company’s business affairs and trade secrets for his/her personal benefit
- A Director has a duty not to disclose or make use of that confidential information for any purpose.
- A Director has a duty not to enter into any arrangement which will possibly hinder the Director’s interest and cause a conflict of interest with the Company.
- A Director of a company must make best efforts to attend as many board meetings
- It is Director’s duty to ensure that they not only stay within the company’s powers but also they should stay within the powers that are actually given to them in the Articles of Association of a company.
PROCEDURE For Appointment of Directors
- First Check AOA of the Company to see if the company can appoint a director .Second Check whether such person has DIN No. or Not. get a Consent in writing to act as Director in Form DIR- 2. draw an Intimation by Director in form DIR-8 in terms of Companies Rules, 2014, stating that he/ she is not disqualified.Draft a Disclosure of Interest in Form MBP-1. Once you have taken care of all paperwork then conduct other steps.
- Call the Board Meeting.
- Pass Resolution for appointment of The Director.
- Issue Letter of Appointment of The Director.
- File e-form DIR-12 and MGT-14 Along with Letter of Appointment.
The Willingness to Do More,The Ability to Adapt and Adjust,Diligence and Persistence, Creativity and Innovation,Adept Learning and Researching Skills, Keen Observation, Competitive Drive, Communication Skills, Effective Leadership Qualities, Kindness and Strong Ethics are few of the personal traits that a person must have apart from the above qualification to become a director of any Company.