FreeCompliance

How to appoint a new director in a private limited company

1 min read

Most new directors join a private company as an additional director, appointed by the board under Section 161(1) and confirmed by shareholders at the next general meeting. The Registrar is informed in DIR-12 within 30 days.

Step by step

  1. 1.Check the AOA allows the board to appoint additional directors.
  2. 2.The proposed director gets a DSC and, if needed, a DIN through DIR-3.
  3. 3.Collect DIR-2 consent, DIR-8 and MBP-1 from the director.
  4. 4.Board passes a resolution appointing them as additional director.
  5. 5.File DIR-12 within 30 days with DIR-2, the resolution and proofs.
  6. 6.Regularise the appointment at the next AGM (or earlier EGM) by ordinary resolution; file DIR-12 again for the change in designation.

Points to remember

  • An additional director holds office only until the next AGM, or the last date it should have been held.
  • Investor nominee directors are usually appointed under the AOA and shareholders' agreement.
  • Total directors cannot exceed 15 without a special resolution.

Frequently asked questions

Yes, at a general meeting by ordinary resolution, after which DIR-12 is filed.

This guide is general information, not legal advice. Government fees and procedures change; confirm current figures before you file.

Read next