Adding Director
Appointing a New Director in an Indian Company: Get complete assistance from My Biz Development
When Appointment/Adding a Director to Your Company in India, it is crucial to follow the rules laid down in the Companies Act 2013. Here we have explained the procedure for appointing a new director to a company.
If you are seeking assistance for appointing a new director to your company, My Biz Development makes it smooth and quick, complying with all the legal rules and regulations.
Procedure for Appointment of Directors
The appointment of a director in an Indian company is governed by the Companies Act, 2013 and the company’s own Articles of Association.
General Meeting
A resolution for appointing a director should be passed in general meeting.
Notice of Appointment:
After obtaining board approval, a formal notice of appointment must be sent to the new director informing them about their appointment, along with the terms and conditions of the role.
Shareholder Approval:
In some cases, Appointment/Adding a Director to Your Company in India may require shareholder approval, especially if the new director is being appointed as a non-executive director or if the company’s Articles require a general meeting for such decisions.
Filing with the Registrar of Companies (ROC):
Once the company has appointed its new director, it should file the prescribed forms with the Registrar of Companies (ROC). Such forms should be within thirty days of the appointment.
These forms include the following:
Form DIR-12:
It is filed with the registrar of the companies to notify them about the appointment of the new director.
Form DIR-2:
A letter of consent from the newly appointed director confirming their acceptance of the role.
Form DIR-8:
A declaration by the director confirming that they are not disqualified from being appointed as a director under Section 164 of the Companies Act, 2013.
Issuance of Share Certificates (if required):
If the new director is being appointed as a shareholder or acquiring shares as part of their appointment, the company should also issue the necessary share certificates.
Documents Required: Appointing a Director of Company
1. Consent letter from the person acting as director (Form DIR-2):
2. Director Identification Number (DIN):
3. Proof of Identity and Address:
4. Board Resolution for Appointment:
5. Declaration of Non-Disqualification (Form DIR-8)
6. The director must provide a declaration statement showing that they are not disqualified from holding the position as per the provisions of the Companies Act, 2013.
Benefits of an Additional Director to an Existing Company
Appointment/Adding a Director to Your Company in India can offer several advantages:
New talent
When a new director is appointed, they bring new talent, different perspectives, and valuable insights into business strategy.
Replacing inefficient director
A company may appoint a new director for replacing an existing inefficient director
Business growth and expansion
An additional director can help the company grow through his/her expertise in scaling businesses or entering new markets.
Adding a Director to an Existing Company in India
For an existing company, the procedure for Appointment/Adding a Director to Your Company in India is similar to that of a new company, with some additional considerations:
Vacancy
Ensure that there is a vacancy for adding a new director in line with the company’s Articles of Association and the maximum number of directors permitted by the law.
Board resolution and shareholder approval:
Once the board passes a resolution, if required, shareholder approval must be obtained before proceeding with the filing with the ROC.
Law Compliance:
When you add a director to an existing company in India, it is important to ensure that they remain compliant with regular filings and reporting, such as the annual return and financial statements, which should reflect the updated board of directors.
If you are looking for legal and administrative assistance to add a director to an existing company, our team of experts can help you navigate the process easily and smoothly. We are engaged in providing a range of services to make it easy for businesses to comply with requirements under company law and other legal rules and regulations. From filing the forms to completing the documentation, our experts will assist you throughout the process. For any further assistance, feel free to connect with us today.
Our Charges For Adding a director: Starts from Rs 5,900/-
Brand and Logo Trademark Resgistration
Having a trademark, it prevents others from using the products or services without the permission of the trademark owner.
In India, the trademarks are registered by the Ministry of Commerce and Industry, Government of India. Trademarks are registered under the Trademark Act, 1999. It provides the trademark owner to sue for damages when infringements of trademarks occur. Once the trademark is applied by filing the trademark application with the Intellectual Property of India, the applicant can use the TM symbol and ® can be used once the trademark gets registered and the registration will be valid for a period of 10 years.
Trademark Registration Process:
At MYDBIZ, the process for registration of the company brand name and logo begins with a trademark search. We can help you conduct a trademark search using the Government company name search tool to find marks across classes. This tool can also be used to find identical or similar trademarks under the same class. Once the company brand name search is completed, you will have to determine whether to proceed with the trademark application based on the details of identical or similar trademark applications already filed with the Government.
In the majority of the cases where the mark is unique, on filing the trademark application, the Examiner would verify all details and approve the publishing of the mark in the Trademarks Journal. When the mark is published, any person or entity would have the opportunity to oppose the registration of the mark. If the mark is not opposed, then the trademark registration certificate will be issued to the applicant with a validity of 10 years.
In case there are identical brand name, then the process for registration could be lengthy and costly which involves various legal procedures and hearings. If there are similar marks, then the process could include objections and hearings, which is based on the Examiner’s decision. If the Trademark Examiner determines that the mark is identical or similar to an existing trademark application, he/she will issue a notice of objection. The objection notice must be responded to within 30 days. On responding to the notice, a hearing date would be provided for the applicant to present proof of use and submit arguments for registration of the mark. In case the Trademark Examiner objects to your trademark application, we can help you with filing an objection reply or appearing on your behalf at hearings at an additional cost.
Benefits of Trademark Registration:
On registration of the trademark, the R symbol can be used to notify the public that the mark is a registered trademark.
In case of an infringement of a registered trademark, the owner of the mark can get a legal remedy. A court may grant relief for trademark infringement or for passing off. Trademark infringement relief can be provided thru an injunction, damages, or an account of profits, together with or without any order for the deliver-up of the infringing labels and marks for erasure or destruction.
Documents Required for Applying for Trademark Registration:
For Individuals/Proprietorship Entities:
> PAN card of the applicant/proprietor
> Aadhaar card of the applicant/proprietor
> Brand to be Trademarked
> Nature of Business Activity
For Non-Individuals/Companies/LLPs:
> Certificate of Incorporation (For Companies & LLPs)
> PAN card of the Entity
> MSME Certificate or Start-up India Registration Certificate (ANYONE)
> Brand Name to be Trademarked
> Nature of Business Activity
NOTE:
1. Brand Logo registration is NOT mandatory. Even words can be applied for trademark registration.
2. In case of assistance required in obtaining an MSME Certificate, Relax Plan is required to be obtained.
Our Charges For Applying For Trademark Registration:
Smart Plan @ Rs 6,900/- all-inclusive
Applying for trademark registration under one class for Individuals/Proprietors and small enterprises having MSME or Start-up India registration certificate
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Relax Plan @ Rs 7,900/- all-inclusive
Applying for MSME and Trademark registration under one class for small enterprises
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Gold Plan @ Rs 12,900/- all-inclusive
Applying for trademark registration under one class for non-individuals and other companies not having MSME or Startup India Registration
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