Form DIR-12 · Section 152, 168, 169

Director Appointment & Resignation in Nagpur

Add, remove or change a director in your Pvt Ltd, Public, OPC or LLP — fully MCA-compliant. We draft board/shareholder resolutions, secure consents, and file DIR-12 and DIR-11 within statutory timelines.

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How do you appoint or remove a director of a company in India?

Director changes are governed by the Companies Act, 2013. To appoint a director: obtain a DSC and DIN (Form DIR-3), pass a board or shareholder resolution, take consent in Form DIR-2, and file Form DIR-12 with the Registrar within 30 days. For a resignation: the director submits a resignation letter, the board takes note, the company files DIR-12 within 30 days, and the director may also file DIR-11. Accurate filing protects the board from non-compliance and DIN deactivation. Most director changes are completed in 3–7 working days once documents are ready.

Common director-change events

Section 168 of the Companies Act, 2013 mandates a written notice of resignation, and Section 172 imposes penalties for default. Every change must be filed in Form DIR-12 within 30 days. We handle all the resolutions, consents and filings.

New Director Appointment

Adding a director under Section 152 — appointment in general meeting (regular director) or as additional/casual/alternate director by the Board.

Resignation

Voluntary resignation under Section 168 — drafting acknowledgement, accepting in board meeting, and filing DIR-12 by company plus DIR-11 by the resigning director.

Removal of Director

Removal of a director by shareholders under Section 169 with special notice — including the director's right of representation and EGM proceedings.

Change in Designation

Reclassification of an existing director — Executive ↔ Non-Executive, Whole-Time, Managing Director, Independent Director, or appointment of CEO/CFO/CS as KMP.

Foreign Director Appointment

Appointment of a non-resident — including DIN application via Form DIR-3, address proof apostille and compliance with Section 149(3) Indian-resident-director rule.

Director Cessation

Automatic vacation under Section 167 — disqualification, absence from 12 months of board meetings, conviction, or other vacations of office. Filing required within 30 days.

Our Director-Change Process

Standard timeline: 7-10 working days for appointment / resignation, longer for shareholder removal due to notice periods.

1

Notices & Resolutions

Drafting board notice / EGM notice with explanatory statement, board resolution, shareholder special notice (where applicable) under Sec 115.

2

Consent & Declarations

DIR-2 (consent to act), DIR-8 (non-disqualification), DIR-12 attachments — Aadhaar, PAN, photograph, address proof and DIN proof.

3

Board / EGM Conduct

Drafting minutes, attendance register, voting tally for shareholder removal, and statutory register updates (Register of Directors and KMP).

4

DIR-12 & DIR-11 Filing

e-Filing on MCA21 within 30 days — DIR-12 by the company, and DIR-11 independently by a resigning director where they want their own record on file.

What we need from you

For Appointment

  • PAN, Aadhaar, photo of incoming director
  • Latest utility bill / bank statement
  • DIN (or we apply via DIR-3)
  • DSC (Class 3)
  • Email & mobile linked to Aadhaar

For Resignation

  • Resignation letter from director
  • Effective date
  • Reason (optional, recommended)
  • Acknowledgement by Board

For Removal

  • Special notice from member(s)
  • Reason (with supporting evidence)
  • Notice of EGM with explanatory statement
  • Right-of-representation provisions

What happens if you don't file in time

Late-Fee on DIR-12

Section 403 additional fee applies — 2× normal fee for up to 15 days delay, escalating up to 12× normal fee for delays beyond 6 months.

Penalty under Sec 172

Company and every officer in default — penalty up to ₹50,000 plus ₹500/day for continuing default (beyond first 30 days).

Director's Liability

A resigning director who hasn't filed DIR-11 within 30 days remains responsible for filings made by the company in their name. Always file DIR-11.

Other CS services we provide in Nagpur

Director Changes — FAQs

What is Form DIR-12?

Prescribed e-form for filing particulars of appointment, change in designation, resignation, removal or cessation of directors and Key Managerial Personnel with the ROC. Filing window: 30 days from event.

What's the time limit?

30 days from the date of the event. Late filing attracts ₹100/day per form (no cap) plus penalties under Section 172.

Can a director resign with immediate effect?

Yes — the resignation takes effect from the date the notice is received OR from the date specified in the notice, whichever is later. The company files DIR-12; the director may also file DIR-11 within 30 days.

Do I need a DIN before appointment?

Yes. Existing directors must have a valid DIN. New directors can apply via Form DIR-3 (existing company) or alongside SPICe+ (new company).

How is a director removed by shareholders?

Under Section 169 with a special notice (≥14 days before EGM), explanatory statement, opportunity for the director to be heard, and an ordinary resolution. We handle the full procedural compliance.

Director-Change Filings in Nagpur

Tell us the event (appointment / resignation / removal / change in designation), the effective date, and we'll send a complete checklist within hours. An initial consultation can be arranged on request.

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Empire Estate, Near Parivartan Square,
Manewada, Nagpur – 440027

Engagement deliverables

  • ✓ Board / EGM notice & explanatory statement
  • ✓ Resolutions and minutes
  • ✓ DIR-2, DIR-8 (and DIR-3 if needed)
  • ✓ DIR-12 e-filing on MCA21
  • ✓ DIR-11 by resigning director
  • ✓ Statutory register updates
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