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The Articles of Association of a corporation are the source of power from which the Board of Directors derives the right to appoint new directors to the Board or dismiss existing ones, in accordance with sections 260 and 284 of the Companies Act, 1956. The addition of Directors must be covered under the articles of incorporation. The individual chosen must meet the requirements of the applicable Articles of Association sections and provide written consent to serve as a director, which the company must record with itself.
To add a director, the company must pass a board resolution, file Form DIR-12 with the Registrar of Companies, and provide necessary documents such as the director's consent and identity proof.
Documents required include the director's consent, identity proof (such as PAN or Aadhar), and a declaration of non-disqualification.
Yes, a private limited company can have a minimum of 2 and a maximum of 15 directors. More than 15 directors require a special resolution.
Yes, a foreign national can be appointed as a director in a private limited company, subject to compliance with the Foreign Exchange Management Act (FEMA) regulations.
If a director resigns, the company must file Form DIR-12 with the Registrar of Companies and update its records accordingly. The resignation takes effect from the date mentioned in the resignation letter.